Union City City Council
November 8, 2022

B. Child day care facilities.

C. Manufacture of fabricated metal products.

D. Public or quasi-public uses of an educational or recreational nature, including conference centers and health clubs.

E. Small scale, convenience retail and services such as cleaners, barbershops/salons, restaurants and delicatessens, and the like. All services shall be integrated into a larger project and not operate as stand-alone facilities. Such services shall not occupy more than ten percent (10%) of the total floor area of the development.

F. Specialty trade contractors when located in a completely enclosed building.

G. Contractors sales and specialty building material sales, excluding heavy construction equipment, rebar, lumber, gravel and the like, within an enclosed building.

H. Hotels.

I. Woodworking shops and cabinet shops.

J. Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
(Ord. 708-08 § 2, 2008; Ord. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh.

A1), 2002)

18.40.540 Prohibited uses.

Distribution, import/export, wholesale, warehouse and/or repackaging uses are prohibited within the research and development campus (RDC) district.

Outdoor storage is prohibited in the RDC district. (Ord. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh. A1), 2002)

18.40.550 Accessory uses permitted.

A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.

City Council/RSA Agenda 134 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Ord. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh. A1), 2002)

18.40.555 Tobacco products.

The sale, donation, or distribution of tobacco products, regardless of floor area, shall be prohibited within one thousand (1,000) feet of “sensitive uses.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which tobacco is sold, donated, or distributed to the property line of the “sensitive use.” (Ord. 728-10 § 2, 2010)

18.40.560 Performance standards.

The performance standards under Section 18.40.150 shall apply. In addition, the following performance standards shall also apply. In the case of any inconsistency between the following and the provisions of Section 18.40.150, the more restrictive provision shall apply.

A. Design Standards.

1. All projects shall be subject to Planning Commission review and approval and shall conform to any specific design standards that may be established by the Planning Commission from time to time. All structures shall be architecturally designed to meet or advance the current state of the art for higher quality projects of the type proposed. Particular emphasis shall be placed on the design of building elevations and walls, both structural and screening. Further, all mechanical equipment shall be screened from off-site view. Applications for the development of sites within a radius of two thousand (2,000) feet from the BART Station must include a master plan that demonstrates how the FAR can be intensified up to a minimum of 0.5, and preferably up to 0.65, as market demand warrants.

2. The concept of pedestrian orientation and access shall guide all site design work. a. Pedestrian orientation shall include provisions for safe, well lit and visually attractive pedestrian access within the project from public streets to the parking areas and building entries. b. Pedestrian pathways shall be provided between buildings and parcels. c. A “public” (through dedication or easement) pedestrian spine shall be established to provide future pedestrian access between the RDC district and the station mixed use district across the UPRR Niles Subdivision tracks. Location of the pedestrian crossing shall be integrated with the station district plan to provide efficient access to the station district and intermodal station.

City Council/RSA Agenda 135 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

d. Pedestrian orientation shall be accomplished by the inclusion of pedestrian amenities such as development of attractive “quasi-public” outdoor spaces with features like decorative, paving, landscape islands, seating areas, fountains, public art, and/or cafés or eating areas. e. Bicycle orientation shall be accomplished by the inclusion of bicycle paths and bicycle parking facilities designed and installed in conformance with the design criteria outlined in Section 18.28.080.

3. For areas within one-half (1/2) mile of the Intermodal Station, bicycle parking facilities shall be provided, at a minimum, in an amount equal to twenty percent (20%) of the required automobile parking demand as determined by this chapter. A minimum of sixty percent (60%) of the required bicycle parking demand shall be enclosed and secure to accommodate long-term users. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such use shall create a greater demand for these facilities. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.

B. Landscaping. Projects, that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule.

C. Outside Storage. No outdoor storage allowed. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors is not considered outdoor storage.

D. Off-Street Parking Areas. All off-street parking areas must be paved and screened from view by a landscape berm or acceptable alternative, such as a hedge, other landscaping or decorative wall per the Landscape Standards Policy Statement.

E. Truck Loading.

1. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas. Also, on major arterial streets only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted on sites with long street frontage if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.

2. Truck Loading Setbacks. There shall be a minimum setback of seventy-five (75) feet from the ultimate right-of-way line of any public street for doors and docks used for loading of trucks if such doors and docks face or adjoin a public street. Further, such loading areas shall meet the standards of Section 18.40.350(E).

City Council/RSA Agenda 136 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

F. Sidewalks. Sidewalks shall be provided on all streets.

G. Fences. The location of all fences shall be subject to the minimum front yard setback standards contained herein. Side and rear yards may have fences along the property line.

H. Maintenance. Each person, company or corporation utilizing a lot shall at all times maintain such lot in good order. This shall include repair and maintenance of all structures, fences, signs, walks, driveways, lawns, landscaping, painting, etc., as may be necessary to preserve a high quality for the district.

I. Utilities. All wires, pipes, cables and utility connections shall be placed in underground or subsurface conduits. All above-ground transformers and vaults for new development shall be adequately screened and located at the rear of the property to the approval of the Planning Commission. Undergrounding of transformers and vaults is encouraged.

J. General Standards—All Uses. Uses in the RDC district shall be such that they:

1. Emit no obnoxious, toxic or corrosive fumes or gases;

2. Emit no odors perceptible at the property line;

3. Emit no smoke;

4. Discharge into the air no dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

5. Produce no heat or glare perceptible beyond the lot boundaries;

6. Produce no noise perceptible beyond the lot boundaries, except as may be allowed by the noise ordinance;

7. Utilize all lighting in a manner which produces no glare on public streets or on any other parcel;

8. Produce no physical vibration perceptible beyond the lot boundaries;

9. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply.

Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;

10. Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; City Council/RSA Agenda 137 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

11. Are conducted within a completely enclosed building except as otherwise may be provided by the Planning Commission;

12. Indicate that all industrial uses use only gas or electricity as fuel; provided, however, that diesel fuel powered equipment may be installed for standby emergency use only. (Ord. 768-12 § 2, 2012; Ord. 683-07 § 11, 2007; Ord. 670-06 § 3, 2006; Ord. 619-04 § 2, 2004; Ord. 600-02 § 2 (Exh. A1), 2002)

18.40.570 Required conditions.

A. Minimum Site Area. Five (5) acres.

B. Minimum Floor Area Ratio. FAR: Minimum of 0.40, Maximum of 2.0. All buildings must be a minimum of two (2) stories with two (2) floors that can be fully occupied upon completion of construction. For properties within two thousand (2,000) feet of the BART station, any application for development shall include a master plan that demonstrates how the property can be intensified to a 0.5 FAR, and preferably at least a 0.65 FAR.

C. Minimum Yards and Setbacks. Except as provided for in Section 18.40.360(C), the following minimum yards and setbacks shall be required and kept free of all obstructions:

1. Front Yards and Street Side Yards. The following minimum yards shall be required:
a. Major Arterial. A minimum yard of thirty-five (35) feet shall be required from the ultimate right-of-way line, except as provided as follows:
i. The setback may be reduced by ten (10) feet if over fifteen percent (15%) of the total site is landscaped. The location and adequacy of the additional landscaping shall be approved by the Planning Commission in order for the ten (10) foot setback reduction to apply. ii. A setback of twenty-five (25) feet shall be required for lots less than four hundred (400) feet deep.
b. Other Streets. A minimum yard of twenty-five (25) feet shall be required from the ultimate right-of-way line, except that a minimum yard of fifty (50) feet shall be required if such frontage adjoins an “R” (residential) district.

2. Side Yard and Rear Yard. Ten (10) feet, except that a minimum yard of fifty (50) feet shall be required if the side or rear property line abuts on any district other than another industrial (i.e., “M”) district.

3. Yards—Multiple Building Projects. When a project has more than one (1) building fronting on the same street, each building shall be considered as being located on a separate parcel for the purposes establishing required yards.

City Council/RSA Agenda 138 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

4. Off-Street Parking and Truck Staging Areas—Setbacks. Sixty-five (65) feet from the ultimate right-of-way line of any major arterial street, except that on those lots less than four hundred (400) feet deep, twenty-five (25) feet shall be required, and twenty-five (25) feet from the ultimate right-of-way line of any other street, except that a minimum yard of fifty (50) feet shall be required if such street frontage adjoins any district other than another industrial (i.e., “M”) district. Further, the sixty-five-(65) foot setback along major arterials may be reduced for parking areas as provided in Section 18.40.360(B)(1)(a)(i) and (ii).

5. Railroad Track Facilities—Setbacks. One hundred (100) feet from the ultimate right-ofway of any major arterial street, and twenty-five (25) feet from the ultimate right-of-way line of any other street, except that a minimum yard of fifty (50) feet shall be required if such street frontage adjoins any district other than another industrial (i.e., “M”) district.

D. Permitted Obstructions. Refer to Section 18.40.160(C) of the MG (general industrial) zoning district regulations.

E. Coverage. The maximum site area covered by structures shall be seventy percent (70%).

F. Maximum Height Limit. There shall be a maximum height of forty (40) feet in the RDC district. The height limit may be increased to one hundred (100) feet with a use permit. Height increases are encouraged for properties adjacent to the station mixed use district. Before the approval of any structure which exceeds forty (40) feet, the Planning Commission must make a finding that any such excess height will not be detrimental to the light, air or privacy of any other structure or use currently existing or anticipated.

G. Off-Street Parking. The provisions of Section 18.40.160(F) shall apply. A reduction in required parking spaces of up to twenty percent (20%) may be allowed with a use permit when transportation demand management (TDM) programs are incorporated into a project. The determination of the allowed reduction in required parking spaces shall be based upon the TDM program.

H. Off-Street Loading. The provisions of Section 18.40.160(G) shall apply.

I. Truck and Trailer Staging Areas. The provisions of Section 18.40.160(H) shall apply.

J. Signs. All signage shall be for the purpose of serving the use on the subject site and shall be in accordance with the provisions of Chapter 18.30.

K. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

CHAPTER 18.41 STATION EAST EMPLOYMENT (SEE)

18.41.010 Purpose.

City Council/RSA Agenda 139 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

The purpose of the Station East Employment (SEE) district is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.

18.41.020 Permitted uses.

The following uses shall be permitted:

A. Civic facilities.

B. Ground floor commercial uses as part of an office mixed use development, hotel or conference center including:

1. Banks/savings and loans, excluding check cashing businesses;

2. Business services;

1.3.Civic facilities;

4. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;

5. Food service, such as full-service/sit-down restaurants, quick service restaurants, and retail and carry out food stores;

6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;

7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;

8. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(BA);

9. Office uses;

10. Outdoor dining areas subject to the provisions listed in Section 18.39.055; and

11. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses excluding massage.

A.C. Manufacture and assembly of electric and electronic supplies, instruments and devices, computer hardware and software, semiconductors, and computer chips, provided no noxious of offensive fumes or odors are produced.

B.D. Manufacture of pharmaceuticals and products from the life sciences and biotechnology industries, provided no noxious or offensive fumes or odors are produced.

C.E. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical applications, optical goods, watches and clocks, precision instruments, musical instruments and camera and photographic equipment except film.

City Council/RSA Agenda 140 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

F. Manufacturing, assembly, including packaging and storage, of products from previous prepared materials, such as cloth, plastic, leather, precious or semi-precious metals or stones, but not including such operations as saw and planing mills, nor any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.

G. Office uses excluding health services.

H. Research and development laboratories and related facilities, including for life sciences, medical and pharmaceutical research, electronics, and computer science.

I. Retail sales of goods manufactured, processed or assembled on the premises.

J. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination the findings required under Section 18.52.060 shall be addressed.

18.41.030 Conditional uses.

The following conditional uses shall be permitted in the SEE zoning district upon the granting of a use permit by the Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process):

A. Hotels and conference centers.

B. Manufacture of fabricated metal products.

C. Microbreweries, wineries, or distilleries with accessory food service and outdoor dining.

D. Public or quasi-public uses of an educational or recreational nature.

E. Specialty trade contractors when located in a completely enclosed building.

F. All other uses determined by the Planning Commission to be essentially the same or very similar to the above conditionally permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.

18.41.040 Prohibited uses.

Distribution, import/export, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited within the SEE District.

18.41.050 Accessory uses.

A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.

B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56..

C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

18.41.060 Performance standards.

City Council/RSA Agenda 141 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

A. Retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.

B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.

C. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.

D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all on-site structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a high-quality aesthetic for the area.

E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.40, Article IV.

A.

Only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.

F.

G. Permitted or conditional uses shall not:

1. Emit obnoxious, toxic or corrosive fumes or gases;

2. Emit odors, heat or glare perceptible beyond property lines;

3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;

4. Produce no noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);

5. Produce no physical vibration perceptible beyond property lines;

6. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;

7. Do not engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and City Council/RSA Agenda 142 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

8. Utilize diesel fuel powered equipment unless for standby emergency use only.

18.41.070 Walls, fences, and hedges
The location of all fences shall be subject to the minimum front yard and street side yard standards contained herein. Side and rear yards may have fences along the property line.

18.41.080 Minimum site Area
A minimum site area of not less than 1 acre shall be required.

18.41.090 Floor area ratio.

The minimum floor area ratio (FAR) shall be 0.75 and the maximum shall be 3.0.

18.41.100 Frontage, width and depth of site.

Newly created lots shall have a minimum street frontage width of 150 feet and a minimum lot depth of 200 feet. Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.

18.41.110 Lot Coverage.

The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.

18.41.120 Required Setbacks.

A. Front yard setback shall be a minimum of ten (10) feet.

B. Interior side yard setback shall be a minimum of five (5) feet. Street side yard setback shall be a minimum of ten (10) feet.

C. Rear yard setback shall be a minimum of ten (10) feet.

18.41.130 Height of Structures
The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height. All buildings must be a minimum of two (2) stories.

18.41.140 Design Criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g.

City Council/RSA Agenda 143 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by 50 percent or more, or modifications to existing buildings which modify the exterior of the building:

1. Building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than 25 feet without a change in building wall plane direction of at least 2 feet.

2. All elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.

3. Minimize blank wall planes on all elevations through the use of wall plane variation, trim or reveals, entry and window openings, and/or varying colors and materials. Blank walls should not occupy over 30% of the principal frontage, and a section of blank wall should not exceed 20 linear feet without being interrupted by a window or entry.

4. Design entries so that they are clearly defined and distinguishable from the street.

Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.

5. A minimum of 50 percent of the building wall area located within 20 feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent. Facades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.

B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:

1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable

2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)

3. Other Metal

4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted

5. Brick, natural clay colors;

6. Stone

7. Pre-cast concrete, glass-fiber reinforced concrete

8. High-quality, cast-in-place concrete

9. Ceramic tile

10. Cement plaster

11. Wood.

C. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following: accordance with the following:

City Council/RSA Agenda 144 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

1. In instances where mechanical equipment cannot be located within the building due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines;

2. In instances where utility equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be screened by locating at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines. Alternate locations may be considered to meet utility provider requirements; and

3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.

D. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:

1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;

2. Pedestrian pathways between buildings and parcels;

3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;

4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;

5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and

6. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.

E. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:

1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and

2. A minimum of 25 percent of the ground floor commercial area shall be designed to accommodate a restaurant use; and

3. Between two and one-half (2 ½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be forty percent (40%) for grocery stores and fifty percent (50%) for all other commercial uses; and

4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building; and

5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any City Council/RSA Agenda 145 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

building facing a street, open space, or paseo shall not exceed 20 feet in length; and

6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
i. Sliding or removable windows/doors;
ii. Low planters with wide seat walls;
iii. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
iv. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and
v. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.

18.41.150 Landscaping.

A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.

Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.

B. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.

C. Parking Lot Coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.

18.41.160 Signs, marquees, awnings.

Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.

18.41.170 Off -street parking
A. Off-street automobile parking shall be provided consistent with the following standards.

Vehicular Parking
Requirements
Minimum Off-Street Parking
Requirements
Maximum Off-Street
Parking Allowed
City Council/RSA Agenda 146 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

Retail 1.0 space / 300 square feet 1.0 space / 200 square feet Office 1.0 space / 300 square feet 1.0 space / 250 square feet Research and
Development
laboratory,
manufacturing use

1.0 space / 500 square feet 1.0 space / 300 square feet Other Uses See Section 18.36.050 See Section 18.36.050
B. Automobile parking areas shall not occupy more than 30% of the primary street frontage.

C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.

D. Parking Structures.

1. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.

2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.

3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure facade.

18.41.180cycle Parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:

Bicycle Parking
Requirements
Short-Term Bicycle
Parking Requirements
Long-Term Bicycle
Parking Requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, R&D, and Other
Nonresidential uses

1.0 space / 8,000 square feet
Minimum of 2 spaces

1.0 space / 4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.

C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.

18.41.190 Loading
A. Adequate loading docks and/or berths shall be provided on-site to serve the use. Such facilities shall be located on the rear or side of the building, be screened from the public right-of-way, and are subject to review and approval through the site development review process.

B. Adequate loading zones shall be provided along the street frontage(s).

Chapter 18.76 SITE DEVELOPMENT REVIEW
City Council/RSA Agenda 147 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

18.76.020 Applicability.

A. The site development review procedure shall apply to all proposed uses in the following districts:

Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (RDC, MS, ML, MG) districts;
Agricultural (A) district;
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.

B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.

City Council/RSA Agenda 148 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

CHAPTER 18.50 CIVIC FACILITIES (CF) DISTRICT

18.50.040 Other regulations.

A. Off-street parking and loading: As prescribed in the relevant sections of the Union City zoning title.

B. Signs: As prescribed in Chapter 18.30.

C. Landscaping and screening: As prescribed in the Union City Landscape Standards Policy Statement.

D. Accessory structures:

1. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

2. No detached accessory structure or structures shall occupy more than thirty percent (30%) of the area of a required rear yard.

3. No detached accessory structures located in a required rear yard shall exceed twelve (12) feet in height
E. Review procedures: As described in Chapters 18.56 and 18.76.

F. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

CHAPTER 18.92 OPEN SPACE (OS) ZONING DISTRICT

18.92.030 Regulations established.

The following specific regulations and the general regulations set forth in this title shall apply to all OS districts. The provisions of Chapter 18.102, Decoto Industrial Park Study Area (DIPSA), including design guidelines and findings, shall apply to all development within the DIPSA.

CHAPTER 18.102 DECOTO INDUSTRIAL PARK STUDY AREA (DIPSA)

RESIDENTIAL DISTRICT

18.102.010 Purpose.

The purpose of this chapter is to ensure implement the goals, objectives and policies of the Specific Plan adopted for the Decoto Industrial Park Study Area (DIPSA). This chapter is intended to implement the DIPSA Specific Plan and provide the requirements necessary to City Council/RSA Agenda 149 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

assure quality development throughout the DIPSA in general and to provide specific standards for the zoning districts included in Table 18.102.060040.

18.102.020 Relationship to Specific Plan.

A. This chapter adopts by reference the DIPSA Subareas as shown on Figure 1 of the DIPSA Specific Plan.

B. Standards.

1. The standards for development for each zoning district of the DIPSA Specific Plan are contained in this chapter unless otherwise noted.

2. Standards and requirements of Chapter 18.32, Residential Districts, shall apply to those areas zoned Residential whenever no specific provision is made for regulation in this chapter.

3. Standards and requirements of the Community Commercial (CC) District in Chapter 18.36, Commercial Districts, shall apply to those areas designated Community Commercial (CC) by the Zoning Map.

4. Standards and requirements of Chapter 18.38, Station Mixed Use Commercial (CSMU) District, shall apply to those areas designated Station Mixed Use Commercial (CSMU) by the Zoning Map.

5. Standards and requirements of the Research and Development Campus (RDC) District in Chapter 18.40, Industrial Districts, shall apply to those areas designated Research and Development Campus (RDC) by the Zoning Map.

6. Standards and requirements of Chapter 18.50, Civic Facilities (CF) District, shall apply to those areas designated Civic Facilities (CF) by the Zoning Map.

7. Standards and requirements of Chapter 18.92, Open Space (OS) District, shall apply to those areas designated Open Space (OS) by the Zoning Map.

C. Procedures. Any applicant who wishes to undertake development in the DIPSA shall follow the applicable procedures established by Chapters 18.56, 18.60, 18.72, and 18.76 of this title, and Title 17, Subdivisions, of this Code.

18.102.020 Residential policies and standards.

A. Residential development standards are set out in Table 18.102.06004essed0.

City Council/RSA Agenda 150 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

B. In areas designated RS(s), RM-3500, RM-1500, RM-2500 and RS-6000D, required yard and open space areas may be modified through the PUD process outlined in Chapter 18.44 if such modification is found to better achieve the objectives of the DIPSA Specific Plan and result in superior site development.

C. Subdivision design shall direct all residential traffic toward Mission Boulevard, the Local Roadway Improvement, Option Two (LRI) and Decoto Road. Residential traffic shall be directed away from Seventh Street.

D. Subdivision design shall orient new houses away from Seventh Street and shall include a minimum buffer of fifteen (15) feet along the east side of the Seventh Street frontage.

C. Direct access to Mission Boulevard from individual residential parcels shall be prohibited.

D. See Section 18.32.110(A), special building setbacks, for required setback from Mission Boulevard.

E. A minimum of a one hundred (100) foot buffer shall be provided between the nearest dwelling in Subareas 2a and 2b and the nearest edge of powerlines.

18.102.030 Design guidelines.

A. General. The following general design guidelines shall be used to evaluate all projects within the DIPSA:

1. The design of all new development shall ensure high quality of appearance and harmony between existing and new uses;

2. The design of all new development shall avoid monotony in style, height, mass, etc.;

3. Site design shall be sensitive to residents’ and businesses’ needs for privacy and security, and shall provide a buffer between other uses and activities.

B. Residential. The following residential design guidelines shall be used to evaluate residential projects within the DIPSA:

1. New residential neighborhoods shall have unique qualities and characteristics that make them distinctly identifiable from other existing (both old and new) neighborhoods in adjacent areas.

B. All new residential development shall be constructed of high-quality materials and include features and amenities typically associated with higher end residential development, including but not limited to:
a. Tile or similar Class A fire rated roofs;
City Council/RSA Agenda 151 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

b. Varied roof lines and building forms;
c. High quality exterior materials and finishes, including stucco, solid wood tongue and groove siding, and masonry fireplaces and chimneys;
d. High quality windows and skylights;
e. Consistent architectural styling and details (i.e., architectural details from different styles should not be mixed on one house, but styles could be mixed in a larger project); f. Spacious interiors that include design elements emphasizing light and openness; g. High quality interior finishes, cabinets, appliances, etc.; and h. Multiple car garages in the lower density single-family areas.

18.102.040 Development standards table.

DIPSA RESIDENTIAL DEVELOPMENT STANDARDS1, 4

STANDARD
RS(s)
3000
(Small
Lot
SF)
RS(s)
3000
(Duplex
)
RS(s)
(Smal
l Lot
SF)
RS6000
-D
(Large
Lot
SF)
RM150
0 (Apt.)
RM2500
(Townhous
e
/Apt.)
RM3500
(Courtyard
)
Allowed Uses Per Sections 18.32.020 and 18.32.030
Minimum Lot
Area
3,000
sq. ft.
2,660
sq. ft.
3,465
sq. ft.
4,500
sq. ft. NA NA NA
Minimum Area
per Unit NA NA NA NA 726 sq. ft. 2,500 sq. ft. 3,500 sq. ft.

Maximum Lot
Coverage 50% 50% 50% 50% 50% 50% 60%
Minimum Lot
Width (interior
/corner)
44 ft./49
ft.

Corner
lots
adjacent
to the
Paseo
are
permitte
d to be
44 ft.
38 ft./43
ft
Corner
lots
adjacent
to the
Paseo
are
required
to be 44
ft.
45 ft./55
ft.
45 ft./55
ft. NA NA NA
Minimum Lot
Depth 70 ft. 70 ft. 77 ft. 90 ft. NA NA NA
City Council/RSA Agenda 152 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

STANDA
RD
RS(s)
3000
(Small
Lot
SF)
RS(s)
3000
(Duplex
)
RS(s)
(Small
Lot
SF)
RS600
0-D
(Large
Lot
SF)
RM1500
(Apt.)
RM2500
(Townhou
se
/Apt.)
RM3500
(Courtyar
d)
Minimum
Front Yard
Setback to
Garage
20 ft.
(w/roll
up
doors)
20 ft.
(w/roll
up
doors)
20 ft.
(w/roll
up
doors)
20 ft..

Per Section 18.32.090 for
entire project site; per site
development review for
individual structures
5 ft. to
private
driveway
to Building 10 ft. 10 ft. 10 ft. 20 ft 10 ft.

Minimum
Rear Yard
Setback
Minimu
m 10 ft.;
12 ft.
average
Minimu
m 10 ft.;
12 ft.
average
15 ft. 15 ft.

Per Section 18.32.110 for
entire project site; per site
development review for
individual structures
13 ft.

Minimum
Side Yard
Setback
(interior
/corner)
5 ft./10
ft.
5 ft./10
ft.
5 ft./10
ft.
5 ft./10
ft.

Per Section 18.32.100 for
entire project site; per site
development review for
individual structures
5 ft./10 ft.

Maximum
Height 30 ft. 30 ft. 30 ft. 30 ft. NA 45 ft. 30 ft.

Minimum
Building
Separation
10 ft. 0 ft. 10 ft.
10 ft.–
1 story
15 ft.–
2 story3
Per site development
review
6 ft. – one
story
10 ft. –
two story
Density Must be consistent with General Plan Land Use Diagram densities Parking
Space per
Unit
1 space
open
2 spaces
enclose
d
1 space
open
2 spaces
enclose
d
1 space
open
2 spaces
enclos
ed
1 space
open
2 spaces
enclose
d
Per Section 18.32.160
Building
Setback
from
Mission
Boulevard2
NA NA 45 ft. 45 ft. 45 ft. 45 ft. 45 ft.

Bedroom
Count
2, 3 and
4 2, 3 and
4 2, 3
and 4
2, 3, 4
and 5
Efficiency,
1, 2, and 3
1, 2, 3 and
4 2, 3 and 4
Minimum
Open NA NA NA NA Per 18.32.115
Per 18.32.1
15 NA
City Council/RSA Agenda 153 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

Space per
Unit
1 All standards of Chapter 18.32 shall apply except as modified by this chapter. 2 Rear of house to edge of curb.
3 May be reduced to ten (10) feet if allowed by development agreement. 4 In connection with any project that is subject to an owner participation agreement between the project applicant and the Community Redevelopment Agency, standards may be varied as provided in the vesting tentative map provided the project density does not exceed the General Plan standards and such modifications are found to better achieve the objective of the Plan.
5 Rear of house to edge of curb.

CHAPTER 18.114 WIRELESS TELECOMMUNICATONS FACILITIES

18.114.040 Wireless telecommunication facilities use table.

A. Where indicated with the letters “AUP,” the use requires an administrative use permit.

The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with the letters “ASD,” the use requires administrative site development review. The administrative site development review procedure is described in Chapter 18.72. Where indicated with a dash (–), the use is not allowed.

Zoning District Monopoles
Co-locations on Existing
Monopoles and other
Freestanding Facilities
Building and RoofMounted Facilities
R, RS, RM – – –
CPA – – AUP, ASD
CN – – AUP, ASD
CC – – AUP, ASD
CVR – – AUP, ASD
CSMU – – AUP, ASD
CMU – – AUP, ASD
MMU – – AUP, ASD
CS= – – –
CUL – – AUP, ASD
RDCSEE – AUP, ASD AUP, ASD

MG UP, ASD AUP, ASD AUP, ASD

ML UP, ASD AUP, ASD AUP, ASD
MS – AUP, ASD AUP, ASD
A – UP, ASD AUP, ASD
OS – UP, ASD AUP, ASD
City Council/RSA Agenda 154 Tuesday, November 8, 2022
Station District Zoning Update - AT-22-005
Exhibit B – Redlined Version

CF UP, ASD UP, ASD AUP, ASD
PI – – AUP, ASD
511 – UP, ASD –
AUP = Administrative use permit
UP = Use permit
ASD = Administrative site development review
– = Not permitted
B. If the proposed wireless telecommunication facility would substantially modify an existing building, the Director may require site development review.

C. The Director may approve minor modifications and aesthetic upgrades that do not increase the size or visibility of any legally established wireless telecommunication facility, subject to compliance with any existing conditions of approval.

City Council/RSA Agenda 155 Tuesday, November 8, 2022
ATTACHMENT 2
ORDINANCE NO. XXX-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING MAP AMENDMENT (A-22-001) TO UPDATE THE ZONING

MAP FOR CONSISTENCY WITH THE STATION DISTRICT SPECIFIC PLAN WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Ordinance (Title 18) currently regulates the uses allowed within the City; and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments on October 6, 2022, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated October 6, 2020 and all written and oral testimony, and adopted Resolution No. 17-22 recommending approval of the Zoning Map amendments. The staff report and resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed Zoning map amendments on October 25, 2022, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated October 25, 2022 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to the Official Zoning Map includes the following components, as shown in Exhibit A, which is attached hereto and incorporated herein by reference:
 Change APNs 87-23-23, 87-23-48, 87-23-36, 87-23-49, 87-23-14-2, 87-23-15, 87- 23-25, 87-23-21-1, 87-23-46-2, 87-23-42, 87-27-57, 87-27-58, 87-27-38, 87-27-43, 87-27-40, 87-27-39, 87-27-41, and 87-27-17) from Research and Development Campus (RDC) to Station East Employment (SEE) District;  Change APNs 486-51-6, 486-51-7, 486-51-9, 486-51-10, 486-51-13, 486-51-12, 486-51-11, 87-19-9, 87-19-16, 87-19-1-7, 486-99-36, 486-99-7-5, 87-2-155, 87-2- 156, 87-2-157, 87-2-158, 87-19-7-2, 87-19-6 from Community Commercial (CC) to Marketplace Mixed Use (MMU);
 Change APNs 97-21-4-4, 87-23-11, and 87-23-12 from Research and Development Campus (RDC) to Station East Mixed Use Residential (SEMU-R);  Change 87-11-7-2 and 87-11-8-2 from Community Commercial (CC) to Corridor Mixed Use (CMU);
 Change APNs 87-335-6, 87-17-6, 87-335-1-1, and 87-17-7 from Research and Development Campus (RDC) to Commercial Station Mixed Use (CSMU); and City Council/RSA Agenda 156 Tuesday, November 8, 2022
Ordinance No. XXX-22

 Change APN 87-21-9 from Research and Development Campus (RDC) to Civic Facility (CF).

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. The City Council adopted Resolution XXXX-22, dated October 25, 2022 and incorporated herein by reference, certifying the EIR (SCH# 2021010303) and adopting required CEQA findings regarding mitigations and alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Station District Specific Plan, and all environmental impacts of the proposed amendments were addressed within the EIR.

SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Zoning Map Amendments are consistent with the General Plan,

2. The proposed Zoning Map Amendments are necessary and desirable to achieve the purposes of Title 18.

SECTION 4. Approval. The City Council hereby approves the amendments to the Official Zoning Map, as described above and as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 157 Tuesday, November 8, 2022
Ordinance No. XXX-22

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 158 Tuesday, November 8, 2022
ATTACHMENT 2 EXHIBIT A

ZONING MAP EXHIBITS
Proposed Zoning
Legend � RM 2500 - Mul ti-Family Residential
SEE -Station East Em p loyment C:J RS 6000D -Single Family Residential/DIPSA RS (S) -Single Fam ily Resid
1 ential/Special DIPSA C:J R 5000 - Decato Resident ial CSMU -Station Mixed Use Com mercial ■D Open Sp ace/ Agric ultural City Council/RSA Agenda 159 Tuesday, November 8, 2022
City Council/RSA Agenda 160 Tuesday, November 8, 2022
City Council/RSA Agenda 161 Tuesday, November 8, 2022
City Council/RSA Agenda 162 Tuesday, November 8, 2022
City Council/RSA Agenda 163 Tuesday, November 8, 2022
City Council/RSA Agenda 164 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
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 TO THE HEALTH OR SAFETYOF
ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY;AND

AUTHORIZING REMOTE TELECONFERENCED MEETINGS OF THE
LEGISLATIVE BODIES OF THE CITYOF UNION CITY FOR THE 30 DAY PERIOD BEGINNING NOVEMBER 8 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 Counciladopt a resolution to continue conducting City Counciland all other City Councilappointed 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 September 28, 2021, the City Council first 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 and the City Council has done so regularly since. Staff and the City Attorney recommend that the City Counciladopt 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 October 11, 2022.

The City Council ratified a proclamation of localemergency on March 16, 2020 as a result of the COVID-19 pandemic. The City Council has continually confirmed the continued existence of the localemergency due to the COVID-19 pandemic in accordance with state law since May 12, 2020. City staff and the City Attorney recommend that the City Councilconfirm the continued existence of the localemergency.

STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.

City Council/RSA Agenda 165 Tuesday, November 8, 2022

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 Counciladopted 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 Counciland City Councilappointed Board and Commission meetings. The virtual meetings have allowed the Counciland 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 novelcoronavirus 2019 ("COVID-19"), including confirmed cases in Alameda County. On that same day, the City Counciladopted a resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services.

On May 12, 2020, the City Counciladopted a resolution confirming the continued existence of the local emergency due to the COVID-19 pandemic. The City Council has continually adopted resolutions confirming the continued existence of the localemergency since June 23, 2020.

City Council/RSA Agenda 166 Tuesday, November 8, 2022

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;
• 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 localemergency 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 localemergency to ensure there is no interruption in the declaration of the continued localemergency.

The conditions that prompted the original declaration of a localemergency 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 352,111 cases within the County, and 2,046 deaths (as of October 28, 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 federalagencies. A City Council/RSA Agenda 167 Tuesday, November 8, 2022
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 willcontinue 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 Counciladopt resolutions to continue the declaration of emergency and make the necessary findings to continue conducting City Counciland all other City Councilappointed Board and Commission meetings remotely due to health and safety concerns for the public in compliance with AB 361 (2021).

Prepared by:

Shandyn Pierce, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Emergency COVIDResolution November 2022 Resolution
AB361 Resolution Resolution
City Council/RSA Agenda 168 Tuesday, November 8, 2022
1 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 has continually adopted resolutions confirming the existence of the local emergency since that time; 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 of the previous continued emergency resolutions 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 October 28, 2022, there are now over 352,111 confirmed cases of COVID-19 within the County, and 2,046 deaths; and
City Council/RSA Agenda 169 Tuesday, November 8, 2022
2 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
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 170 Tuesday, November 8, 2022
RESOLUTION NO.

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 NOVEMBER 8
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 171 Tuesday, November 8, 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, CalOSHA recommends social distancing under certain circumstances and maintaining six feet of distance can avoid close contacts requiring quarantine; 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, including BA.5, which has become the dominant strain of COVID-19; 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.

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
City Council/RSA Agenda 172 Tuesday, November 8, 2022
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) 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 173 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: WAIVE SECOND READING AND ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF UNION CITYAMENDING SECTION 2.26.040 “COMPENSATION FOR THE ARTS & CULTURE COMMISSION” OF
CHAPTER 2.26 “ARTS & CULTURE COMMISSION” AND SECTION

2.20.080 “COMPENSATION” OF CHAPTER 2.20 “BOARDS,
COMMISSIONS, COMMITTEES, AND ORGANIZATIONS” OF THE

UNION CITY MUNICIPAL CODE
On October 25, 2022, the City Council introduced an ordinance to amend sections 2.20.080 “Compensation” and 2.26.040 “Compensation For The Arts & Culture Commission” of the Union City Municipal Code to allow the Members of the Arts & Culture Commission to serve with compensation as specified by resolution of the City Council, and consistent with the City’s Planning, Human Relations, Park and Recreation, and Senior Citizens Commissions.

The City Council may now waive the full reading of the text of the ordinance and adopt the attached ordinance amending Chapter 2.26 “Public Art Board,” of the Union City Municipal Code.

STRATEGIC PLAN ALIGNMENT
Adoption of this ordinance is consistent with the following goal of the strategic plan: Goal B. Governance and Organization Effectiveness.

BACKGROUND
The City Councilcreated the Arts & Culture Commission (the “Commission”) pursuant to Chapter 2.26 of the Union City Municipal Code. The purpose of the Commission is to review and advise the City Council, City staff and project sponsors on proposed public art installation sites in the City of Union City, encourage and promote art programs and activities within the City of Union City, and perform other duties as outlined in Chapter 2.26 of the Municipal Code.

Section 2.20.080 of the Municipal Code provides that the City Council shallestablish the compensation for each board, commission, committee, or organization, with the exception of the Youth Commission and Public City Council/RSA Agenda 174 Tuesday, November 8, 2022
Art Board, by resolution. Section 2.26.040 of the Municipal Code currently provides that Members of the Commission (the “Commissioners”) shall serve without compensation. Commissioners currently serve without compensation.

The Committee considered a potentialamendment to the Municipal Code to allow the City Council to consider compensation for the Arts & Culture Commission on August 15 and September 19. On September 19, the Committee reviewed and approved the proposed ordinance. On October 25, 2022, the City Council introduced and unanimously approved the proposed ordinance.

DISCUSSION
The proposed ordinance amends the Municipal Code to allow the Members of the Arts & Culture Commission to serve with compensation as specified by resolution of the City Council, consistent with the City’s Planning, Human Relations, Park and Recreation, and Senior Citizens Commissions. The amendment willensure that members of the Arts & Culture Commission can be considered for compensation as are other City commissioners while encouraging and promoting participation in the Commission, consistent with continued efforts to increase participation and interest in the Commission.

FISCAL IMPACT
There are no direct fiscal impacts as a result of adopting the attached ordinance.

RECOMMENDATION
Staff recommends that the City Council waive reading the full text of the attached ordinance, conduct the second reading of the title of the attached ordinance, and adopt proposed ordinance amending sections

2.20.080 “Compensation” and 2.26.040 “Compensation For The Arts & Culture Commission” of the Union City Municipal Code.

Prepared by:

Erica Gonzalez, Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Arts and Culture Commission Compensation Ordinance Ordinance City Council/RSA Agenda 175 Tuesday, November 8, 2022
ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING SECTION 2.26.040 “COMPENSATION FOR THE ARTS & CULTURE COMMISSION” OF CHAPTER 2.26 “ARTS & CULTURE COMMISSION” AND SECTION 2.20.080 “COMPENSATION” OF CHAPTER 2.20 “BOARDS, COMMISSIONS, COMMITTEES, AND ORGANIZATIONS”

OF THE UNION CITY MUNICIPAL CODE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and WHEREAS, the City Council created the Arts & Culture Commission (the “Commission”) pursuant to Chapter 2.26 of the Union City Municipal Code (the “Code”); and WHEREAS, it is the purpose of the Commission to review and advise the City Council, City staff and project sponsors on proposed public art installation sites in the City of Union City, encourage and promote art programs and activities within the City of Union City, and perform other duties as outlined in Chapter 2.26 of the Code; and
WHEREAS, section 2.20.080 of the Code provides that each board, commission, committee, or organization, except the Youth Commission and Public Art Board (the predecessor to the Arts & Culture Commission), shall be paid in an amount as specified by resolution of the City Council; and WHEREAS, section 2.26.040 of the Code currently provides that Members of the Commission (the “Commissioners”) shall serve without compensation; and WHEREAS, California Government Code Section 36506 of the California Government Code authorizes the City Council to establish the compensation and benefits of all appointive officers; and WHEREAS, the City Council desires to amend the Union City Municipal Code to provide compensation to the Arts & Culture Commission as acknowledgement of their dedication and generous contributions to the Commission.

THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.

City Council/RSA Agenda 176 Tuesday, November 8, 2022
SECTION 3. Municipal Code Amendment. Section 2.20.080 “Compensation,” of Chapter

2.20 “Boards, Commissions, Committees, and Organizations” and Section 2.26.040 “Compensation for the Arts & Culture Commission” of Chapter 2.26 “Arts & Culture Commission” of the Union City Municipal Code are hereby amended, with deletions in strikeout and additions in underline, as follows:
“2.20.080 Compensation.

Each board, commission, committee, or organization, except the Youth Commission and Public Art Board, shall be paid in an amount as specified by resolution of the City Council.

2.26.040 Compensation for the Arts & Culture Commission.

Members of the Arts & Culture Commission shall serve without compensation be paid in an amount as specified by resolution of the City Council.” SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 177 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION ESTABLISHING AHOMELESS PROGRAM

OUTREACH WORKER POSITION, APPROVING A SIDE LETTER
BETWEEN THE CITYOF UNION CITYAND SERVICE EMPLOYEES’
INTERNATIONAL UNION LOCAL 1021 (SEIU) TO CREATE THE

POSITION OF HOMELESS PROGRAM OUTREACH WORKER, AND
APPROVING AN AMENDMENT TO THE CITY’S SALARY

COMPENSATION TABLE IN CONFORMANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Council adopt the attached resolution establishing a Homeless Program Outreach Worker position, approving a Side Letter with the Service Employees International Union Local 1021 (SEIU) to create the Homeless Program Outreach Worker position in the Community and Recreation Services (CRS) Department as a position represented by SEIU, and approving an amendment to the Salary Compensation Table.

This new position if funded by the five-year Permanent Local Housing Allocation (PHLA) Program grant and will provide assistance in outreach and support to the CAREavan program, unhoused individuals and encampments.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning the provision of criticalcity services with current staffing levels.

BACKGROUND
In April 2021, Union City received an award from the California Department of Housing and Community Development for the PLHA Program to support homelessness outreach efforts. The award amount was for $253,935 annually, with an estimated 5-year allocation of up to $1,523,610 to be used to fund two positions that City Council/RSA Agenda 178 Tuesday, November 8, 2022
provide supportive and case management services related to homelessness. These positions include a Homeless Program Coordinator and a Homeless Program Outreach Worker. The Homeless Program Coordinator/Case Manager position was filled in May 2022. Staff is now seeking to establish the Homeless Program Outreach Worker.

The new Homeless Program Outreach Worker position would provide critical needed support to the Homeless Program Coordinator/Case Manager in the Community and Recreation Services Department. This position will be working under the direct supervision of the Homeless Program Coordinator/Case Manager and will be responsible for direct outreach to unhoused individuals and families and will help identify and assess needs of the unhoused community. The Homeless Program Outreach Worker will be working with the Homeless Program Coordinator/Case Manager to connect with those who are not receiving or accepting referrals for resources.

In general, outreach work for unhoused people help to build relationships which promote trust and collaboration to successfully secure housing and other services. The Homeless Program Outreach Worker can assist with connecting individuals to various services which stabilize their lives; for example, physical and mental health care access, education and job training, and the coordinated entry system.

DISCUSSION
The Homeless Program Outreach Worker is an entry-level, part-time position that will provide additional support to the City’s CAREavan safe parking program and additional outreach to unhoused people within Union City.

The Outreach Worker will be the primary classification responsible for providing information and resources for housing, employment, health and other available social services to the unhoused individuals and families, as described in the attached job description. The position is also instrumental in assisting the Homeless Program Coordinator/Case Manager in coordination with other City departments and outside agencies to address homelessness cases within the community.

FISCAL IMPACT
There is no anticipated fiscal impact to the General Fund.

The proposed hourly range for the Homeless Program Outreach Worker is $23.18 to $28.18. The position will be .06 FTE and will be funded with Permanent Local Housing Allocation Program grant funds (GL Account 2360-5130-51040-51111).

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution establishing a Homeless Program Outreach Worker position, approving a Side Letter with the Service Employees International Union Local 1021 (SEIU) to create the Homeless Program Outreach Worker position in the Community and Recreation Services (CRS) Department as a position represented by SEIU, and approving an amendment to the Salary Compensation Table.

Prepared by:

City Council/RSA Agenda 179 Tuesday, November 8, 2022
Lilybell Nakamura, Human Resources Director
Submitted by:

Lilybell Nakamura, Human Resources Director
ATTACHMENTS:

Description Type
Resolution - Homeless ProgramOutreach Worker, 11-8-22 Resolution Homeless ProgramOutreach Worker 50539 Exhibit
SEIUSide Letter re Homeless ProgramOutreach Worker 11-8-2022 Exhibit 2022-2023-3 - Salary Compensation Table - FY2022-2023 - Effective 11-8-2022
Exhibit
City Council/RSA Agenda 180 Tuesday, November 8, 2022
RESOLUTION NO. ####-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ESTABLISHING A HOMELESS PROGRAM OUTREACH WORKER POSITION,

APPROVING A SIDE LETTER BETWEEN THE CITY OF UNION CITY AND SERVICE EMPLOYEES’ INTERNATIONAL UNION LOCAL 1021 (SEIU) TO

CREATE THE POSITION OF HOMELESS PROGRAM OUTREACH WORKER, AND APPROVING AN AMENDMENT TO THE CITY’S SALARY COMPENSATION

TABLE IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, in April 2021, Union City received an award from the California Department of Housing and Community Development for the Permanent Local Housing Allocation (PLHA) Program to support homelessness outreach efforts; and WHEREAS, the PHLA award amount was for $253,935 annually, with an estimated 5-year allocation of up to $1,523,610 to be used to fund two positions, including a Homeless Program Coordinator and a Homeless Program Outreach Worker that provide supportive and case management services related to homelessness; and WHEREAS, the Homeless Program Coordinator/Case Manager position was filled in May 2022 and staff is now seeking to establish and fill the Homeless Program Outreach Worker position; and
WHEREAS, the City has undertaken an inquiry and recommends that the City Council establish the Homeless Program Outreach Worker position as a classification represented by Service Employees International Union Local 1021 (“SEIU”); and WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and SEIU effective January 1, 2022 through December 31, 2024, is currently in effect (the "MOU"); and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of SEIU related to the above matters; and WHEREAS, the City Council has considered the proposed establishment of the Homeless Program Outreach Worker position and the proposed Side Letter and has determined that the requirements of the City of Union City Personnel Rules are met and the terms and conditions of the proposed Side Letter are proper and in the best interests of the City; and
WHEREAS, the position will be .6 FTE and will be funded with Permanent Local Housing Allocation Program grant funds included in the FY 2022-23 Adopted Budget in Account Number 2360-5130-51040-51111 (Homeless Provider Incubator Fund - CRS-CAREavan - Safe Parking Program-PLHA Grant - Regular Part-Time Pay).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of City Council/RSA Agenda 181 Tuesday, November 8, 2022
Union City hereby authorizes the creation of the Homeless Program Outreach Worker position, effective November 8, 2022, as identified by the attached job description.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts a Side Letter to the MOU, attached hereto and incorporated herein by reference, effective November 8, 2022, and authorizes the City Manager to execute the Side Letter and to take such further actions as may be necessary to implement the Side Letter to the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Compensation Table (Exhibit A), to include the following hourly salary schedule for the Homeless Program Outreach Worker position, effective November 8, 2022:
i. Step 1: $23.18
ii. Step 2: $24.34
iii. Step 3: $25.56
iv. Step 4: $26.84
v. Step 5: $28.18
City Council/RSA Agenda 182 Tuesday, November 8, 2022
1 HOMELESS PROGRAM OUTREACH WORKER
(Grant Funded)
Bargaining Unit: SEIU
FLSA Status: Non-Exempt
Class Code: 50539
Created: November 8, 2022

DEFINITION
Under the general supervision of the Homeless Coordinator/Case Manager and the Community and Recreation Services Manager, the Homeless Program Outreach Worker will assist the in providing outreach and support to the CAREavan program, unhoused individuals and encampments. The Homeless Program Outreach Worker will assess needs and identify appropriate community resources to best support personal growth and success to unhoused individuals and families.

Please note that the position is grant funded. Continuance in the position is dependent on the availability of funding.

CLASS CHARACTERISTICS
As part of a team, performs direct outreach to unhoused individuals and families.

Identifies and assesses needs of the unhoused community. Provides information and resources for housing, employment, health and other available social services. Assists the Homeless Coordinator/Case Manager in coordination with other City departments and outside agencies to address homelessness cases within the community.

EXAMPLES OF DUTIES (illustrative only)
 Identifies the unhoused through direct outreach, visitation and canvassing of the community.
 Canvasses and provides direct support to encampments in a team with City staff.  Provides assistance to the Homeless Coordinator/Case Manager with the City’s CAREavan Safe Parking program.
 Provides outreach services to community residents, both directly and through community organizations.
 Acts as a liaison between service providers, community partners and clients needing services.
 Assists individuals in obtaining appropriate documentation to prepare for housing and employment.
 Notifies unhoused individuals of abatement schedule and advocates for encampment residents. Posts abatement schedules at encampments and supports the encampment residents with resources.
 Documents abatement efforts including pre-and-post clean-up and move-out of encampments.

City Council/RSA Agenda 183 Tuesday, November 8, 2022
2  Fosters a collaborative working relationship with other outreach teams and local agencies. Makes referrals when needed.
 Maintains detailed and accurate participant records and documentation including Homeless Management Information System (HMIS) data entry. Performs data entry tasks as assigned.
 Attends scheduled meetings, trainings, and workshops.  Maintains current knowledge of public benefits and community resources.

MINIMUM QUALIFICATIONS
Experience and Education:

High school diploma or equivalent and at least one (1) year of experience working with the unhoused population or providing outreach services or case management to diverse populations.

Experience or education in the field of social work or case management is desirable.

Bilingual skills are desirable.

Other Requirements:
 Must possess a valid California Driver’s license and satisfactory driving record.  Evening and weekend work is required, incumbents may be on call for emergency call-outs.
 Obtain CPR, AED and First Aid Certification within six (6) months of employment.

KNOWLEDGE AND ABILITIES:

Knowledge:
 Union City neighborhoods and East Bay (Tri-City) resources, demographics, and services for the unhoused.
 Self-help intervention strategies.
 De-escalation, crisis intervention, conflict resolution techniques including use of motivational interviewing, harm reduction approach, and trauma-informed care.

Ability:
 Exercise patience, utilize good judgement and appropriate tact when interacting with the unhoused who may be mentally ill, using substances or be defensive or angry.

City Council/RSA Agenda 184 Tuesday, November 8, 2022
3  Develop and maintain professional behavior and appropriate boundaries with staff members and the unhoused community on city streets, parks, business districts, at the City’s CAREavan Program locations, and local encampments.  Establish and maintain confidence and a positive relationship with the unhoused community
 Develop and maintain strong working relationships with outside providers, agencies, and other Cities, Police Departments, Public Works Department and program sites.
 Provide courteous and effective customer service to a diverse population facing social, economic, health and safety issues within the unhoused community.  Maintain confidentiality of records, information and status of clients and program participants.

Effective verbal and written communication skills.
 Keep abreast of client engagement theories, practices, and relevant information.
 Perform data entry and keep accurate and complete records utilizing the Homeless Management Information System (HMIS), and Microsoft Office Suite.  Work effectively independently, and as a member of a team.

City Council/RSA Agenda 185 Tuesday, November 8, 2022
3578873.1
Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Service Employees International Union
The City of Union City (“City”) and Service Employees International Union (“SEIU”) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2022 through December 31, 2024, to add a new position.

WHEREAS the City previously established the new Homeless Program Outreach Worker position;
WHEREAS, the City and SEIU desire to have SEIU serve as the sole and exclusive bargaining representative for the Homeless Program Outreach Worker position; and WHEREAS the Parties wish to enter into a side letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE the Parties agree to amend Section 1.1, Recognition, of the Memorandum of Understanding, to include the classification of Homeless Program Outreach Worker.

FOR THE CITY: FOR SEIU:
_________________________________ _________________________________ _________________________________ ________________________________ _________________________________ _________________________________ DATE: ___________________________
City Council/RSA Agenda 186 Tuesday, November 8, 2022
Amendment #2: November 8, 2022 - Reso. No. XXXX-22
Amendment #3: November 8, 2022 - Reso. No. XXXX-22
City of Union City
Salary Compensation Table
FY 2022-2023
Effective: November 8, 2022
Amendment #1: July 26, 2022 - Reso. No. 5984-22
City Council/RSA Agenda 187 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 22,310
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 Asst. City Manager/Chief Financial Officer 17,004 20,436 Dept. Heads 20020 Deputy City Manager 16,383 19,650
Dept. Heads 20470 CRS Director 15,976 19,154
Dept. Heads 20515 ECD Director 15,976 19,154
Dept. Heads 20275 Finance Director 15,976 19,154
Dept. Heads 20280 Human Resources Director 15,976 19,154 Dept. Heads 20290 Information Technology Director 15,976 19,154 Dept. Heads 40010 Police Chief 20,870 21,705 22,573 23,476 24,415 Dept. Heads 20710 Public Works Director 16,277 19,522
Unrep Mgmt 21050 Assistant to City Manager 13,796 16,567 Unrep Mgmt 21185 Chief Human Resources Officer 14,487 17,396 Unrep Mgmt 21315 Chief Technology Officer 14,487 17,396 Unrep Mgmt 20030 City Clerk 11,453 11,977 12,529 13,108 13,716 Unrep Mgmt 20145 Human Resources Analyst I 7,754 8,094 8,452 8,828 9,223 Unrep Mgmt 20155 Human Resources Analyst II 9,482 9,911 10,360 10,829 11,324 Unrep Mgmt 20180 Human Resources Manager 12,108 12,666 13,248 13,862 14,505 Unrep Mgmt 20930 Supervising Construction Inspector 9,833 10,279 10,748 11,240 11,756 Unrep Non-Mgmt 21010 Administrative Specialist-Confidential 6,363 6,683 7,017 7,369 7,738 Unrep Non-Mgmt 30800 Human Resources Technician 6,985 7,336 7,694 8,087 8,487

MANAGEMENT EMPLOYEES GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 11,532 12,063 12,617 13,202 13,814 Management 20590 Chief Building Official/Sr. Plans Examiner 13,268 13,878 14,522 15,194 15,904 Management 20810 City Engineer 13,776 14,419 15,093 15,799 16,542 Management 20505 Clinical Supervisor 8,204 8,567 8,948 9,348 9,768 Management 20650 Communications & Marketing Manager 11,044 11,589 12,135 12,673 13,219 Management 20800 Cyber Security Manager 11,085 11,584 12,105 12,650 13,219 Management 20630 Economic Development Manager 11,044 11,589 12,135 12,673 13,219 Management 20600 Environmental Program Manager 11,927 12,478 13,054 13,660 14,296 Management 20911 Fleet Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20540 HCD Manager 11,828 12,374 12,945 13,545 14,175 Management 20500 Intervention Counselor I 6,992 7,297 7,613 7,948 8,297 Management 20310 IT Manager 13,796 14,437 15,112 15,821 16,567 Management 20450 CRS Manager 11,631 12,165 12,728 13,317 13,937 Management 20080 Management Analyst I 7,754 8,094 8,452 8,828 9,223 Management 20090 Management Analyst II 9,482 9,911 10,360 10,829 11,324 Management 20100 Management Analyst III 11,532 12,063 12,617 13,202 13,814 Management 20510 Neighborhood Preservation Coordinator 11,044 11,589 12,135 12,673 13,219 Management 20560 Planning Manager 12,636 13,217 13,830 14,471 15,146 Management 20860 Principal Civil Engineer 12,355 12,926 13,526 14,157 14,816 Management 20730 Public Works Superintendent 12,027 12,580 13,164 13,774 14,417 Management 20920 PW Grounds Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20910 PW Streets Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20700 Recycling & Solid Waste Prog Manager 10,744 11,236 11,753 12,295 12,864 Management 20620 Redevelopment Manager 11,927 12,478 13,054 13,660 14,296 Management 20370 Revenue Collections Manager 11,532 12,063 12,617 13,202 13,814 Management 20350 Supervising Accountant 10,764 11,255 11,771 12,313 12,881 Management 20912 Transit Manager 11,631 12,165 12,728 13,317 13,937 Management 20508 Youth & Family Services Prog Manager 9,833 10,280 10,748 11,240 11,757 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 188 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 16,533 17,312 18,129 18,987 19,889 Police Mgmt. 40040 Police Lieutenant 14,016 14,702 15,423 16,187 16,989 Police Mgmt. 40015 Deputy Police Chief 17,342 18,155 19,010 19,904 20,848 Police Mgmt. 40045 Police Commander 14,712 15,428 16,182 16,979 17,817

POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 6,714 7,050 7,402 7,773 8,163 UCPOA 40095 Community Resources Coord 5,826 6,118 6,424 6,744 7,081 UCPOA 40090 Community Service Aide 5,748 6,004 6,273 6,557 6,856 UCPOA 40240 Confidential Operations Assistant 6,688 7,023 7,374 7,742 8,130 UCPOA 40080 Crime Analyst 8,163 8,571 8,999 9,450 9,922 UCPOA 40070 Dispatch Clerk 6,355 6,530 6,824 7,135 7,460 UCPOA 40170 Dispatch Clerk Trainee 5,503
UCPOA 40063 Personnel and Training Supervisor 6,714 7,050 7,403 7,773 8,163 UCPOA 40130 Police Corporal 11,091
UCPOA 40230 Police Dept. Office Coord. 5,785 6,076 6,379 6,698 7,034 UCPOA 40140 Police Office Assistant 5,273 5,537 5,814 6,105 6,410 UCPOA 40050 Police Officer 8,056 8,428 8,809 9,184 9,646 10,129 10,635 UCPOA 40150 Police Officer Recruit I 6,455
UCPOA 40160 Police Officer Recruit II 7,622
UCPOA 40060 Police Records Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40030 Police Sergeant 10,888 11,377 11,882 12,476 13,100 UCPOA 40120 Prisoner Transportation Officer 5,748 6,004 6,273 6,557 6,856 UCPOA 40100 Property & Evidence Specialist 5,748 6,004 6,273 6,557 6,856 UCPOA 40065 Property & Evidence Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40110 Public Services Officer I 5,826 6,118 6,424 6,744 7,081 UCPOA 40180 Public Services Officer II 6,133 6,441 6,763 7,099 7,455 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 36.67 37.67 39.37 41.16 43.04 UCPOA PT 40120 Prisoner Transportation Officer (PT) 33.16 34.64 36.19 37.83 39.55 UCPOA PT 40181 Public Services Officer I (PT) 33.61 35.30 37.06 38.91 40.85 UCPOA PT 40182 Public Services Officer II (PT) 35.38 37.16 39.02 40.95 43.01 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.

Unrep. Police PT 60140 Per Diem Police Dispatcher 36.00 50.00 Unrep. Police PT 60120 Police Cadet 15.86 16.65 17.48
Unrep. Police PT 60130 Police Reserve 15.00
Unrep. Police PT 60150 Police Officer Trainee 41.13

PROFESSIONAL EMPLOYEES GROUP (PEG)
Professionals 30060 Accountant 7,381 7,749 8,128 8,543 8,967 Professionals 30250 Assistant Planner 6,884 7,227 7,586 7,967 8,365 Professionals 30230 Associate Planner 8,010 8,408 8,827 9,270 9,731 Professionals 30090 Case Manager 5,593 5,872 6,165 6,474 6,798 Professionals 30275 Emergency Services Coordinator 8,553 8,981 9,422 9,895 10,390 Professionals 30150 Engineer I (Civil) 7,066 7,415 7,788 8,179 8,587 Professionals 30130 Engineer II (Civil) 7,848 8,240 8,642 9,082 9,532 Professionals 30120 Engineer III (Civil) 8,972 9,420 9,885 10,380 10,899 Professionals 30030 Environmental Analyst I 6,364 6,683 7,016 7,369 7,738 Professionals 30031 Environmental Analyst II 7,184 7,562 7,961 8,379 8,821 Professionals 30040 Environmental Programs Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30095 Homeless Prog Coordinator 5,999 6,320 6,641 6,963 7,320 Professionals 30080 Intervention Counselor 6,360 6,678 7,013 7,364 7,732 Professionals Lead Construction Inspector 9,325 9,776 10,192 10,677 11,163 Professionals 30065 Payroll Technician 7,284 7,648 8,022 8,431 8,849 Professionals 30100 Recreation Supervisor 7,214 7,575 7,953 8,350 8,767 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 189 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES GROUP (PEG) (CONT.)
Professionals 30020 Senior Accountant 8,169 8,585 9,014 9,460 9,927 Professionals 30210 Senior Planner 9,024 9,498 10,000 10,524 11,078 Professionals 30400 Senior Recreation Supervisor 8,471 8,884 9,317 9,773 10,249 Professionals 30260 Senior Systems Analyst 10,391 10,933 11,478 12,019 12,562 Professionals 30310 Sustainability Analyst I 6,272 6,585 6,914 7,260 7,623 Professionals 30320 Sustainability Analyst II 7,405 7,774 8,164 8,572 9,000 Professionals 30053 Building Code Compliance Coordinator 10,391 10,933 11,478 12,019 12,562 Professionals 30055 Sr. Building/Code Compliance Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30265 Systems Analyst 9,965 10,464 10,987 11,536 12,113 Professionals 30501 Transit Planner - Assistant 6,610 6,940 7,284 7,650 8,033 Professionals 30502 Transit Planner - Associate 7,916 8,309 8,723 9,161 9,615 Professionals 30503 Transit Planner - Senior 9,024 9,498 10,000 10,525 11,078 Professionals 30270 Web and Database Administrator 9,508 9,983 10,483 11,007 11,557

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 4,999 5,229 5,469 5,725 5,987 SEIU 1021 50525 Administrative Assistant II 5,469 5,725 5,987 6,266 6,556 SEIU 1021 50530 Administrative Assistant III 5,987 6,266 6,556 6,863 7,186 SEIU 1021 50290 Bldg./Code Comp. Inspector 7,213 7,547 7,893 8,255 8,632 SEIU 1021 50201 Bldg./Code Comp. Insp. - Trainee 6,360 6,657 6,962 7,281 7,615 SEIU 1021 50255 Building Permit Technician 5,750 6,039 6,330 6,622 6,911 SEIU 1021 50251 Building Permit Technician II 6,252 6,555 6,875 7,210 7,562 SEIU 1021 50566 Communications Coordinator 5,134 5,371 5,617 5,880 6,149 SEIU 1021 50256 Community Development Technician 5,610 5,892 6,176 6,461 6,742 SEIU 1021 50351 Facility Maint - Worker 5,556 5,806 6,068 6,347 6,633 SEIU 1021 50080 Finance Specialist I 4,653 4,861 5,095 5,335 5,583 SEIU 1021 50090 Finance Specialist II 5,095 5,335 5,583 5,852 6,128 SEIU 1021 50100 Finance Specialist III 5,583 5,852 6,128 6,420 6,728 SEIU 1021 50332 Lead Facilities Maintenance Worker 6,511 6,808 7,121 7,437 7,783 SEIU 1021 50537 Lead Outreach Worker 5,365 5,634 5,916 6,211 6,522 SEIU 1021 50323 Lead Veh. Heavy Eqpt. Mech. 6,838 7,148 7,477 7,809 8,172 SEIU 1021 50361 Leisure Services Maintenance Worker 4,936 5,183 5,442 5,714 6,000 SEIU 1021 50360 Maint I - Parks & Grounds 5,081 5,321 5,569 5,830 6,107 SEIU 1021 50330 Maint I - Streets 5,335 5,587 5,848 6,122 6,412 SEIU 1021 50342 Maint II - Parks & Grounds 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50320 Maint II - Streets 5,907 6,185 6,472 6,777 7,098 SEIU 1021 50325 Maint Trainee-Parks & Grounds 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50350 Maint Trainee-Streets 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50500 Office Specialist I 3,941 4,122 4,304 4,496 4,700 SEIU 1021 50505 Office Specialist II 4,293 4,485 4,689 4,903 5,124 SEIU 1021 50510 Office Specialist III 4,685 4,899 5,120 5,356 5,601 SEIU 1021 50560 Preschool Site Supervisor II 3,934 4,131 4,338 4,555 4,782 SEIU 1021 50291 Public Works Inspector 7,102 7,501 7,864 8,244 8,642 SEIU 1021 50370 Public Works Maintenance II 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50110 Recreation Administrative Technician 6,148 6,455 6,778 7,117 7,473 SEIU 1021 50160 Recreation Program Coordinator 5,596 5,869 6,158 6,463 6,779 SEIU 1021 50600 Recycling Programs Coordinator 5,774 6,055 6,353 6,669 6,995 SEIU 1021 50380 Special Projects Coordinator 5,234 5,481 5,736 6,005 6,290 SEIU 1021 50538 Street Outreach Worker 4,018 4,219 4,430 4,652 4,884 SEIU 1021 50341 Street Sweeper Operator 5,691 5,948 6,216 6,502 6,795 SEIU 1021 50400 Technical Support Specialist I 5,512 5,789 6,067 6,344 6,587 SEIU 1021 50405 Technical Support Specialist II 6,101 6,413 6,725 7,037 7,315 SEIU 1021 50517 Transit Coordinator 6,585 6,893 7,245 7,550 7,905 SEIU 1021 50321 Veh. Heavy Eqpt. Mech. 6,105 6,381 6,673 6,975 7,298 SEIU 1021 50326 Vehicle Equipment Technician 4,832 5,072 5,327 5,593 5,872 SEIU 1021 50536 Youth Employment Coordinator 5,365 5,634 5,916 6,211 6,522 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 190 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maint Attendant (PT) 24.09 25.29 26.56 27.89 29.29 SEIU 1021 PT 50533 CRS Program Manager 19.04 19.97 20.98 22.01 23.10 SEIU 1021 PT 50500 Office Specialist I (PT) 22.74 23.78 24.83 25.94 27.12 SEIU 1021 PT 50505 Office Specialist II (PT) 24.77 25.88 27.05 28.29 29.56 SEIU 1021 PT 50510 Office Specialist III (PT) 27.03 28.26 29.54 30.90 32.31 SEIU 1021 PT 50561 Preschool Site Supv. I 18.40 19.31 20.28 21.29 22.35 SEIU 1021 PT 50532 Program Coordinator (PT) 32.28 33.86 35.53 37.29 39.11 SEIU 1021 PT 50531 Senior Recreation Leader 15.63 16.43 17.25 18.11 19.04 SEIU 1021 PT PT Homeless Program Outreach Worker 23.18 24.34 25.56 26.84 28.18 SEIU 1021 PT 50538 PT Street Outreach Worker 23.18 24.34 25.56 26.84 28.18 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager 19.29 20.25 21.26 22.33 23.44 Unrep. Gen. PT 60100 Preschool Aide 15.00 15.75
Unrep. Gen. PT 60090 Preschool Teacher 17.14 18.00 18.90 19.84 20.84 Unrep. Gen. PT 60072 Program Coordinator (PT) 22.50 23.62 24.81 26.05 27.35 Unrep. Gen. PT 60232 Recreation Aide 15.00 15.75
Unrep. Gen. PT 60233 Recreation Leader 16.07 16.87 17.72 18.60 19.53 Unrep. Gen. PT 60300 Seasonal Maintenance Worker 21.43
Unrep. Gen. PT 60234 Senior Recreation Leader 17.14 18.00 18.90 19.84 20.84 Unrep. Gen. PT 60600 Intern 15.00 54.64
Unrep. Gen. PT 60570 Project Specialist 15.00 83.48
Unrep. Gen. PT 60400 Retired Annuitant 15.00 128.71
City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 191 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LILYBELL NAKAMURA, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION TO APPROVE THE CREATION OF THE LEAD

CONSTRUCTION INSPECTOR, ADOPT A SIDE LETTER BETWEEN THE CITYOF UNION CITYAND THE PROFESSIONAL EMPLOYEES’GROUP
(PEG) TO CREATE THE POSITION OF LEAD CONSTRUCTION

INSPECTOR, RECLASSIFYA PUBLIC WORKS INSPECTOR TO THE LEAD

CONSTRUCTION INSPECTOR, AND APPROVE AN AMENDMENT TO THE CITY’S SALARY COMPENSATION TABLE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Council adopt the attached resolution to: 1) approve the creation of the Lead Construction Inspector; 2) approve the corresponding side letter with the Professional Employees’ Group; 3) reclassify one employee in the Public Works Department from Public Works Inspector to Lead Construction Inspector; 4) approve an amendment to the City’s Salary Compensation Table.

STRATEGIC PLAN ALIGNMENT
This program supports Goal B. Governance and Organization Effectiveness of the strategic plan in aligning the provision of criticalcity services with current staffing levels.

BACKGROUND
The creation of the Lead Construction Inspector position provides criticaland necessary support to the Public Works Department. This position will be responsible for leading and providing guidance and technical expertise to other Public Works Inspection staff as well as assisting in the supervision, scheduling, coordination and evaluation of staff. Additionally, the Lead Construction Inspector will work on complex inspection projects needed throughout the City.

DISCUSSION
City Council/RSA Agenda 192 Tuesday, November 8, 2022
The Public Works Department’s inspection needs have evolved to require higher-level knowledge and experience for various complex construction projects. A recruitment conducted by Human Resources generated a qualified candidate to meet the operational needs, necessitating the creation of the new job classification. Human Resources conducted a study including the analysis of the duties and research on comparable externalclassifications, and established the salary based on externaland internalclassifications.

A classification study of an existing Public Works Inspector was conducted by Human Resources staff and determined the reclassification to the Lead Construction Inspector classification is appropriate.

FISCAL IMPACT
The annualcost of this reclassification is $28,637 and will be covered by other vacancies withing the Public Works Department.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to: 1) approve the creation of the Lead Construction Inspector; 2) reclassify one employee in the Public Works Department from Public Works Inspector to Lead Construction Inspector; 3) approve the corresponding side letter with the Professional Employees’ Group (PEG); and 4) approve an amendment to the City’s Salary Compensation Table.

Prepared by:

Lilybell Nakamura, Human Resources Director
Submitted by:

Lilybell Nakamura, Human Resources Director
ATTACHMENTS:

Description Type
Resolution - PEGLead Construction Inspector Resolution
Professionals Side Letter re New Classification 11-8-2022 Exhibit New Lead Construction Inspector - 30185 Exhibit
2022-2023-2 - Salary Compensation Table - FY2022-2023 - Effective 11-8-2022
Exhibit
City Council/RSA Agenda 193 Tuesday, November 8, 2022
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY TO ADOPT A RESOLUTION TO APPROVE THE

CREATION OF THE LEAD CONSTRUCTION INSPECTOR,

ADOPT A SIDE LETTER BETWEEN THE CITY OF UNION CITY
AND THE PROFESSIONAL EMPLOYEES’ GROUP (PEG) TO

CREATE THE POSITION OF LEAD CONSTRUCTION

INSPECTOR, RECLASSIFY A PUBLIC WORKS INSPECTOR TO

THE LEAD CONSTRUCTION INSPECTOR, AND APPROVE AN
AMENDMENT TO THE CITY’S SALARY COMPENSATION

TABLE IN CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, because of a revision in organization and a major change of the duties or responsibilities of one existing Public Works Inspector position, the Lead Construction Inspector is required and necessitates the creation of such position; and WHEREAS, the City has undertaken an inquiry of the Public Works Inspector position and studied the assigned duties and responsibilities of the one incumbent and recommends that the City Council reclassify one of the existing Public Works Inspectors to the Lead Construction Inspector position; and
WHEREAS, Section 3.05 of the City of Union City Personnel Rules provides the circumstances under which the City can retain an employee in the position that has been reclassified; and
WHEREAS, all of the circumstances provided in Section 3.05 of the City of Union City Personnel Rules for retaining the incumbent from the Public Works Inspector to the Lead Construction Inspector position are present; and
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Professional Employees’ Group (“PEG”) effective January 1, 2022 through December 31, 2024 is currently in effect (the “MOU”); and WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of PEG related to the above matters; and WHEREAS, the City Council has considered the proposed creation of the Lead Construction Inspector position, the associated reclassification and the proposed Side Letter and has determined that the requirements of the City of Union City Personnel Rules are met and the terms and conditions of the proposed Side Letter are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the creation of the Lead Construction Inspector position, the reclassification of one of the Public Work Inspector incumbents to the newly established City Council/RSA Agenda 194 Tuesday, November 8, 2022
Lead Construction Inspector position effective November 14, 2022 and approves retaining the incumbent in the reclassified and newly established position.

BE IT FURTHER RESOLVED that the City Council hereby approves and adopts a Side Letter to the MOU, attached hereto and incorporated herein by reference, effective November 8, 2022, and authorizes the City Manager to execute the Side Letter and to take such further actions as may be necessary to implement the Side Letter to the MOU including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Salary Compensation Table to include the following monthly/ annual salary schedule for the Lead Construction Inspector position, effective November 8, 2022:
i. Step 1: $9,325.33/monthly; $111,904/annual
ii. Step 2: $9,776/monthly; $117,312/annual
iii. Step 3: $10,192/monthly; $122,304/annual
iv. Step 4: $10,677/monthly; $128,128/annual
v. Step 5: $11,162.67/monthly; $133,952/annual
City Council/RSA Agenda 195 Tuesday, November 8, 2022
Side Letter to the
Memorandum of Understanding
Between
The City of Union City
and
Professional Employees Group
The City of Union City (“City”) and the Professional Employees Group (“PEG”) (collectively the “Parties”) enter into this side letter to the Parties’ Memorandum of Understanding effective January 1, 2022 through December 31, 2024, to add a new position.

WHEREAS, the City seeks to establish the new Lead Construction Inspector position; and WHEREAS, the City and PEG desire to have PEG serve as the sole and exclusive bargaining representative for the Lead Construction Inspector position; and WHEREAS, the City and PEG desire to establish the Lead Construction Inspector position as a non-exempt position that receives call back pay and/or overtime; and WHEREAS, the Parties desire to enter into a side letter clarifying and memorializing the Parties’ agreement.

NOW, THEREFORE, the Parties agree to amend Appendix A of the Memorandum of Understanding with the addition in bold as follows:

Number Classification Title FLSA
30060 Accountant Non-Exempt
30250 Assistant Planner Non-Exempt
30230 Associate Planner Non-Exempt
30090 Case Manager Non-Exempt
30275 Emergency Services Coordinator Non-Exempt
30150 Engineer I (Civil) Non-Exempt
30130 Engineer II (Civil) Non-Exempt
30120 Engineer III (Civil) Non-Exempt
30030 Environmental Analyst I Non-Exempt
30031 Environmental Analyst II Non-Exempt
30040 Environmental Programs Inspector Non-Exempt
30095 Homeless Program Coordinator Non-Exempt
30080 Intervention Counselor Non-Exempt
30185 Lead Construction Inspector Non-Exempt
30065 Payroll Technician Non-Exempt
30100 Recreation Supervisor Non-Exempt
30020 Senior Accountant Non-Exempt
30210 Senior Planner Non-Exempt
City Council/RSA Agenda 196 Tuesday, November 8, 2022
30400 Senior Recreation Supervisor Non-Exempt
30260 Senior Systems Analyst Non-Exempt
30310 Sustainability Analyst I Non-Exempt
30320 Sustainability Analyst II Non-Exempt
30053 Building/Code Compliance Coordinator Exempt
30055 Senior Building/Code Compliance Inspector Non-Exempt 30265 Systems Analyst Non-Exempt
30501 Transit Planner-Assistant Non-Exempt
30502 Transit Planner-Associate Non-Exempt
30503 Transit Planner-Senior Non-Exempt
30270 Web and Database Administrator Non-Exempt
FOR THE CITY: FOR PEG:
_________________________________ _________________________________ _________________________________ ________________________________ _________________________________ _________________________________ _________________________________ _________________________________ DATE: ___________________________
City Council/RSA Agenda 197 Tuesday, November 8, 2022
1 LEAD CONSTRUCTION INSPECTOR
Bargaining Unit: Professional Employee Group
FLSA Status: Non-Exempt
Class Code: 30185
Created: 11/8/2022
DEFINITION:

Under general supervision of the Supervising Construction Inspector, the Lead Constructor Inspector performs complex work involved in the inspection of work quality and materials used in a variety of public works construction projects and related areas to ensure conformance with approved plans, specifications and departmental regulations; and to maintain records and prepare reports pertaining to projects inspected.

CLASS CHARACTERISITICS:

Positions in this class perform the at the journey-level, complex inspections requiring independent planning, judgement, and initiative. The Lead Construction Inspector classification is distinguished from the Public Works Inspector class by the responsibility to perform journey-level, complex work for the entire spectrum of the Public Works constructions projects and provide training and technical expertise to Public Works Inspection staff. Exercises indirect supervision over inspection staff.

EXAMPLES OF DUTIES (illustrative only):
 Leads and provides guidance and technical expertise to other Public Works Inspection staff and assists in the supervision, scheduling, coordination and evaluation.
 Provides training to Public Works Inspection staff; ensures uniform application of the appropriate codes, rules and regulations, and conducts joint field inspections when needed.
 Administers construction contracts through the review and approval process, including arrangements for material quality control tests through outside laboratories, the preparation of extra work orders, change orders, contractor claims, progress schedules, city acceptance, and final payments.  Reviews plans and specifications of assigned projects; arranges and conducts preconstruction meetings for construction projects.
 Inspects work quality and materials used in a variety of public works projects to ensure compliance with approved plans, specification, codes and ordinances.  Inspects materials and various structures—such as utilities, streets, sidewalks, gutters and other off-site construction as well as check line, grade, size, elevation and location of structures—for identification and conformance to specifications and regulations.
 Observes work during progress and upon completion; ensures that safety procedures are followed.

City Council/RSA Agenda 198 Tuesday, November 8, 2022
2  Monitors, inspects and approves completion of work done under an encroachment permit grading permits and capital improvement projects; ensures that all specified conditions are met.
 Records amounts of materials used and work performed; prepares necessary reports for progress payments.
 Makes engineering calculations of quantities and grades involving math, records and compares quantity of materials used to theoretical quantities; prepares activity records and reports.
 Coordinates design alterations between City staff and the developer.  Receives and responds to citizen issues and concerns.  Performs related duties as assigned.

MINIMUM QUALIFICATIONS:

Possession of a bachelor’s degree and two (2) years of increasingly responsible construction inspection in street/highway construction and training in a field related to the inspection of construction. Any combination of education and experience may be accepted.

One (1) year of lead experience is preferred.

LICENSE AND CERTIFICATIONS:

Possession of a valid California Driver’s License with a satisfactory driving record.

State registration as a Construction Inspector must be obtained within one (1) year of employment from either of the Associations:
 American Construction Inspectors Association (ACIA)
 American Public Works Association (APWA)
KNOWLEDGE AND ABILITIES:

Knowledge Of:
 Principles, methods, materials, equipment and safety hazards of construction.  Applicable laws, regulations, codes and departmental policies governing the construction of assigned projects.
 Defects and faults in construction.
 Basic mathematics including algebra, geometry and trigonometry as applied to construction inspection work.
 Basic soil mechanics and geology.
 Principles of engineering as applied to construction inspection.  Engineering mechanics of structures.

City Council/RSA Agenda 199 Tuesday, November 8, 2022
3 Ability To:
 Understand and interpret engineering plans and specifications and prepare accurate engineering records.
 Be a Team Leader in the operations of the Public Works Inspector staff.  Deal firmly and tactfully with contractors, engineers and property owners.  Communicate effectively, both orally and in writing.
 Detect and locate faulty materials and poor work quality and determine the stage of construction during which defects are most easily found and remedied.  Analyze construction plans, specifications and maps; prepare correspondence and technical reports.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS:

The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

Travel: Positions in this class may require local and statewide travel as necessary.

City Council/RSA Agenda 200 Tuesday, November 8, 2022
Amendment #2: November 8, 2022 - Reso. No. XXXX-22
Amendment #1: July 26, 2022 - Reso. No. 5984-22
City of Union City
Salary Compensation Table
FY 2022-2023
Effective: November 8, 2022
City Council/RSA Agenda 201 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 22,310
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 Asst. City Manager/Chief Financial Officer 17,004 20,436 Dept. Heads 20020 Deputy City Manager 16,383 19,650
Dept. Heads 20470 CRS Director 15,976 19,154
Dept. Heads 20515 ECD Director 15,976 19,154
Dept. Heads 20275 Finance Director 15,976 19,154
Dept. Heads 20280 Human Resources Director 15,976 19,154 Dept. Heads 20290 Information Technology Director 15,976 19,154 Dept. Heads 40010 Police Chief 20,870 21,705 22,573 23,476 24,415 Dept. Heads 20710 Public Works Director 16,277 19,522
Unrep Mgmt 21050 Assistant to City Manager 13,796 16,567 Unrep Mgmt 21185 Chief Human Resources Officer 14,487 17,396 Unrep Mgmt 21315 Chief Technology Officer 14,487 17,396 Unrep Mgmt 20030 City Clerk 11,453 11,977 12,529 13,108 13,716 Unrep Mgmt 20145 Human Resources Analyst I 7,754 8,094 8,452 8,828 9,223 Unrep Mgmt 20155 Human Resources Analyst II 9,482 9,911 10,360 10,829 11,324 Unrep Mgmt 20180 Human Resources Manager 12,108 12,666 13,248 13,862 14,505 Unrep Mgmt 20930 Supervising Construction Inspector 9,833 10,279 10,748 11,240 11,756 Unrep Non-Mgmt 21010 Administrative Specialist-Confidential 6,363 6,683 7,017 7,369 7,738 Unrep Non-Mgmt 30800 Human Resources Technician 6,985 7,336 7,694 8,087 8,487

MANAGEMENT EMPLOYEES GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 11,532 12,063 12,617 13,202 13,814 Management 20590 Chief Building Official/Sr. Plans Examiner 13,268 13,878 14,522 15,194 15,904 Management 20810 City Engineer 13,776 14,419 15,093 15,799 16,542 Management 20505 Clinical Supervisor 8,204 8,567 8,948 9,348 9,768 Management 20650 Communications & Marketing Manager 11,044 11,589 12,135 12,673 13,219 Management 20800 Cyber Security Manager 11,085 11,584 12,105 12,650 13,219 Management 20630 Economic Development Manager 11,044 11,589 12,135 12,673 13,219 Management 20600 Environmental Program Manager 11,927 12,478 13,054 13,660 14,296 Management 20911 Fleet Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20540 HCD Manager 11,828 12,374 12,945 13,545 14,175 Management 20500 Intervention Counselor I 6,992 7,297 7,613 7,948 8,297 Management 20310 IT Manager 13,796 14,437 15,112 15,821 16,567 Management 20450 CRS Manager 11,631 12,165 12,728 13,317 13,937 Management 20080 Management Analyst I 7,754 8,094 8,452 8,828 9,223 Management 20090 Management Analyst II 9,482 9,911 10,360 10,829 11,324 Management 20100 Management Analyst III 11,532 12,063 12,617 13,202 13,814 Management 20510 Neighborhood Preservation Coordinator 11,044 11,589 12,135 12,673 13,219 Management 20560 Planning Manager 12,636 13,217 13,830 14,471 15,146 Management 20860 Principal Civil Engineer 12,355 12,926 13,526 14,157 14,816 Management 20730 Public Works Superintendent 12,027 12,580 13,164 13,774 14,417 Management 20920 PW Grounds Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20910 PW Streets Supervisor 10,348 10,820 11,313 11,833 12,377 Management 20700 Recycling & Solid Waste Prog Manager 10,744 11,236 11,753 12,295 12,864 Management 20620 Redevelopment Manager 11,927 12,478 13,054 13,660 14,296 Management 20370 Revenue Collections Manager 11,532 12,063 12,617 13,202 13,814 Management 20350 Supervising Accountant 10,764 11,255 11,771 12,313 12,881 Management 20912 Transit Manager 11,631 12,165 12,728 13,317 13,937 Management 20508 Youth & Family Services Prog Manager 9,833 10,280 10,748 11,240 11,757 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 202 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 16,533 17,312 18,129 18,987 19,889 Police Mgmt. 40040 Police Lieutenant 14,016 14,702 15,423 16,187 16,989 Police Mgmt. 40015 Deputy Police Chief 17,342 18,155 19,010 19,904 20,848 Police Mgmt. 40045 Police Commander 14,712 15,428 16,182 16,979 17,817

POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 6,714 7,050 7,402 7,773 8,163 UCPOA 40095 Community Resources Coord 5,826 6,118 6,424 6,744 7,081 UCPOA 40090 Community Service Aide 5,748 6,004 6,273 6,557 6,856 UCPOA 40240 Confidential Operations Assistant 6,688 7,023 7,374 7,742 8,130 UCPOA 40080 Crime Analyst 8,163 8,571 8,999 9,450 9,922 UCPOA 40070 Dispatch Clerk 6,355 6,530 6,824 7,135 7,460 UCPOA 40170 Dispatch Clerk Trainee 5,503
UCPOA 40063 Personnel and Training Supervisor 6,714 7,050 7,403 7,773 8,163 UCPOA 40130 Police Corporal 11,091
UCPOA 40230 Police Dept. Office Coord. 5,785 6,076 6,379 6,698 7,034 UCPOA 40140 Police Office Assistant 5,273 5,537 5,814 6,105 6,410 UCPOA 40050 Police Officer 8,056 8,428 8,809 9,184 9,646 10,129 10,635 UCPOA 40150 Police Officer Recruit I 6,455
UCPOA 40160 Police Officer Recruit II 7,622
UCPOA 40060 Police Records Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40030 Police Sergeant 10,888 11,377 11,882 12,476 13,100 UCPOA 40120 Prisoner Transportation Officer 5,748 6,004 6,273 6,557 6,856 UCPOA 40100 Property & Evidence Specialist 5,748 6,004 6,273 6,557 6,856 UCPOA 40065 Property & Evidence Supervisor 6,714 7,050 7,402 7,773 8,163 UCPOA 40110 Public Services Officer I 5,826 6,118 6,424 6,744 7,081 UCPOA 40180 Public Services Officer II 6,133 6,441 6,763 7,099 7,455 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 36.67 37.67 39.37 41.16 43.04 UCPOA PT 40120 Prisoner Transportation Officer (PT) 33.16 34.64 36.19 37.83 39.55 UCPOA PT 40181 Public Services Officer I (PT) 33.61 35.30 37.06 38.91 40.85 UCPOA PT 40182 Public Services Officer II (PT) 35.38 37.16 39.02 40.95 43.01 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.

Unrep. Police PT 60140 Per Diem Police Dispatcher 36.00 50.00 Unrep. Police PT 60120 Police Cadet 15.86 16.65 17.48
Unrep. Police PT 60130 Police Reserve 15.00
Unrep. Police PT 60150 Police Officer Trainee 41.13

PROFESSIONAL EMPLOYEES GROUP (PEG)
Professionals 30060 Accountant 7,381 7,749 8,128 8,543 8,967 Professionals 30250 Assistant Planner 6,884 7,227 7,586 7,967 8,365 Professionals 30230 Associate Planner 8,010 8,408 8,827 9,270 9,731 Professionals 30090 Case Manager 5,593 5,872 6,165 6,474 6,798 Professionals 30275 Emergency Services Coordinator 8,553 8,981 9,422 9,895 10,390 Professionals 30150 Engineer I (Civil) 7,066 7,415 7,788 8,179 8,587 Professionals 30130 Engineer II (Civil) 7,848 8,240 8,642 9,082 9,532 Professionals 30120 Engineer III (Civil) 8,972 9,420 9,885 10,380 10,899 Professionals 30030 Environmental Analyst I 6,364 6,683 7,016 7,369 7,738 Professionals 30031 Environmental Analyst II 7,184 7,562 7,961 8,379 8,821 Professionals 30040 Environmental Programs Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30095 Homeless Prog Coordinator 5,999 6,320 6,641 6,963 7,320 Professionals 30080 Intervention Counselor 6,360 6,678 7,013 7,364 7,732 Professionals Lead Construction Inspector 9,325 9,776 10,192 10,677 11,163 Professionals 30065 Payroll Technician 7,284 7,648 8,022 8,431 8,849 Professionals 30100 Recreation Supervisor 7,214 7,575 7,953 8,350 8,767 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 203 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES GROUP (PEG) (CONT.)
Professionals 30020 Senior Accountant 8,169 8,585 9,014 9,460 9,927 Professionals 30210 Senior Planner 9,024 9,498 10,000 10,524 11,078 Professionals 30400 Senior Recreation Supervisor 8,471 8,884 9,317 9,773 10,249 Professionals 30260 Senior Systems Analyst 10,391 10,933 11,478 12,019 12,562 Professionals 30310 Sustainability Analyst I 6,272 6,585 6,914 7,260 7,623 Professionals 30320 Sustainability Analyst II 7,405 7,774 8,164 8,572 9,000 Professionals 30053 Building Code Compliance Coordinator 10,391 10,933 11,478 12,019 12,562 Professionals 30055 Sr. Building/Code Compliance Inspector 9,255 9,743 10,254 10,792 11,362 Professionals 30265 Systems Analyst 9,965 10,464 10,987 11,536 12,113 Professionals 30501 Transit Planner - Assistant 6,610 6,940 7,284 7,650 8,033 Professionals 30502 Transit Planner - Associate 7,916 8,309 8,723 9,161 9,615 Professionals 30503 Transit Planner - Senior 9,024 9,498 10,000 10,525 11,078 Professionals 30270 Web and Database Administrator 9,508 9,983 10,483 11,007 11,557

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 4,999 5,229 5,469 5,725 5,987 SEIU 1021 50525 Administrative Assistant II 5,469 5,725 5,987 6,266 6,556 SEIU 1021 50530 Administrative Assistant III 5,987 6,266 6,556 6,863 7,186 SEIU 1021 50290 Bldg./Code Comp. Inspector 7,213 7,547 7,893 8,255 8,632 SEIU 1021 50201 Bldg./Code Comp. Insp. - Trainee 6,360 6,657 6,962 7,281 7,615 SEIU 1021 50255 Building Permit Technician 5,750 6,039 6,330 6,622 6,911 SEIU 1021 50251 Building Permit Technician II 6,252 6,555 6,875 7,210 7,562 SEIU 1021 50566 Communications Coordinator 5,134 5,371 5,617 5,880 6,149 SEIU 1021 50256 Community Development Technician 5,610 5,892 6,176 6,461 6,742 SEIU 1021 50351 Facility Maint - Worker 5,556 5,806 6,068 6,347 6,633 SEIU 1021 50080 Finance Specialist I 4,653 4,861 5,095 5,335 5,583 SEIU 1021 50090 Finance Specialist II 5,095 5,335 5,583 5,852 6,128 SEIU 1021 50100 Finance Specialist III 5,583 5,852 6,128 6,420 6,728 SEIU 1021 50332 Lead Facilities Maintenance Worker 6,511 6,808 7,121 7,437 7,783 SEIU 1021 50537 Lead Outreach Worker 5,365 5,634 5,916 6,211 6,522 SEIU 1021 50323 Lead Veh. Heavy Eqpt. Mech. 6,838 7,148 7,477 7,809 8,172 SEIU 1021 50361 Leisure Services Maintenance Worker 4,936 5,183 5,442 5,714 6,000 SEIU 1021 50360 Maint I - Parks & Grounds 5,081 5,321 5,569 5,830 6,107 SEIU 1021 50330 Maint I - Streets 5,335 5,587 5,848 6,122 6,412 SEIU 1021 50342 Maint II - Parks & Grounds 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50320 Maint II - Streets 5,907 6,185 6,472 6,777 7,098 SEIU 1021 50325 Maint Trainee-Parks & Grounds 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50350 Maint Trainee-Streets 4,354 4,556 4,770 4,990 5,223 SEIU 1021 50500 Office Specialist I 3,941 4,122 4,304 4,496 4,700 SEIU 1021 50505 Office Specialist II 4,293 4,485 4,689 4,903 5,124 SEIU 1021 50510 Office Specialist III 4,685 4,899 5,120 5,356 5,601 SEIU 1021 50560 Preschool Site Supervisor II 3,934 4,131 4,338 4,555 4,782 SEIU 1021 50291 Public Works Inspector 7,102 7,501 7,864 8,244 8,642 SEIU 1021 50370 Public Works Maintenance II 5,625 5,890 6,164 6,455 6,760 SEIU 1021 50110 Recreation Administrative Technician 6,148 6,455 6,778 7,117 7,473 SEIU 1021 50160 Recreation Program Coordinator 5,596 5,869 6,158 6,463 6,779 SEIU 1021 50600 Recycling Programs Coordinator 5,774 6,055 6,353 6,669 6,995 SEIU 1021 50380 Special Projects Coordinator 5,234 5,481 5,736 6,005 6,290 SEIU 1021 50538 Street Outreach Worker 4,018 4,219 4,430 4,652 4,884 SEIU 1021 50341 Street Sweeper Operator 5,691 5,948 6,216 6,502 6,795 SEIU 1021 50400 Technical Support Specialist I 5,512 5,789 6,067 6,344 6,587 SEIU 1021 50405 Technical Support Specialist II 6,101 6,413 6,725 7,037 7,315 SEIU 1021 50517 Transit Coordinator 6,585 6,893 7,245 7,550 7,905 SEIU 1021 50321 Veh. Heavy Eqpt. Mech. 6,105 6,381 6,673 6,975 7,298 SEIU 1021 50326 Vehicle Equipment Technician 4,832 5,072 5,327 5,593 5,872 SEIU 1021 50536 Youth Employment Coordinator 5,365 5,634 5,916 6,211 6,522 City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 204 Tuesday, November 8, 2022
Bargaining Unit Pos # Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maint Attendant (PT) 24.09 25.29 26.56 27.89 29.29 SEIU 1021 PT 50533 CRS Program Manager 19.04 19.97 20.98 22.01 23.10 SEIU 1021 PT 50500 Office Specialist I (PT) 22.74 23.78 24.83 25.94 27.12 SEIU 1021 PT 50505 Office Specialist II (PT) 24.77 25.88 27.05 28.29 29.56 SEIU 1021 PT 50510 Office Specialist III (PT) 27.03 28.26 29.54 30.90 32.31 SEIU 1021 PT 50561 Preschool Site Supv. I 18.40 19.31 20.28 21.29 22.35 SEIU 1021 PT 50532 Program Coordinator (PT) 32.28 33.86 35.53 37.29 39.11 SEIU 1021 PT 50531 Senior Recreation Leader 15.63 16.43 17.25 18.11 19.04 SEIU 1021 PT 50538 PT Street Outreach Worker 23.18 24.34 25.56 26.84 28.18 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager 19.29 20.25 21.26 22.33 23.44 Unrep. Gen. PT 60100 Preschool Aide 15.00 15.75
Unrep. Gen. PT 60090 Preschool Teacher 17.14 18.00 18.90 19.84 20.84 Unrep. Gen. PT 60072 Program Coordinator (PT) 22.50 23.62 24.81 26.05 27.35 Unrep. Gen. PT 60232 Recreation Aide 15.00 15.75
Unrep. Gen. PT 60233 Recreation Leader 16.07 16.87 17.72 18.60 19.53 Unrep. Gen. PT 60300 Seasonal Maintenance Worker 21.43
Unrep. Gen. PT 60234 Senior Recreation Leader 17.14 18.00 18.90 19.84 20.84 Unrep. Gen. PT 60600 Intern 15.00 54.64
Unrep. Gen. PT 60570 Project Specialist 15.00 83.48
Unrep. Gen. PT 60400 Retired Annuitant 15.00 128.71
City of Union City - Salary Compensation Table - FY 2022-2023 City Council/RSA Agenda 205 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARIO VALLEJO, INFORMATION TECHNOLOGY DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING A TWO-YEAR SERVICE AGREEMENT WITH KROLLASSOCIATES, INC., FOR A NOT-TOEXCEED AGGREGATE SUM OF $139,400.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.

Staff recommends that the City Council approve a new two-year service agreement with the security company Kroll Associates, Inc., for a not-to-exceed aggregate sum of $139,400.00. The two-year agreement will continue the around-the-clock (24 hours/day) Endpoint Response and Remediation support by Kroll/Red Canary and license the software, Carbon Black Defense with Threat Detection, for 340 computer nodes.

STRATEGIC PLAN ALIGNMENT
This renewal supports Goal D.: Create a healthy, sustainable community and maintain and improve the City infrastructure.

Strategy 2 (New 2021): Enable a robust cyber security and information technology disaster recovery service.

BACKGROUND
In September of 2019, the City’s Information Technology computer network was hit with a virus that impacted the software and data on the City’s servers and multiple computer systems. The City entered into a short-term service agreement with KrollAssociates, Inc. to perform security forensics and to assist in securing Union City computers from the spread of the virus. In November 2019, the City entered into a one-year, $65,000 service agreement with Kroll Associates, Inc. to provide 24 hours/day Endpoint Response and Remediation support by Kroll/Red Canary and license the software Carbon Black Response/Defense. The one-year service agreement was renewed in November 2020 and again in November 2021.

DISCUSSION
City Council/RSA Agenda 206 Tuesday, November 8, 2022
The Kroll Associates, Inc. agreement puts in place a 24 hour/day security operations center (SOC) with dedicated security engineers to review suspicious activities for all Union City computers. In the last three months, there were 10 billion telemetry records analyzed by the Red Canary analytics engine and 2,097 suspicious activities investigated. In multiple confirmed threats, the endpoint security software was able to detect the malicious software and automatically stop the virus infection. During weekends and off hours, the SOC continues to monitor the City computers and notifies City staff if a confirmed threat needs immediate attention.

City staff members meets with the Kroll and Red Canary Security Engineers monthly to review alerts of different severities and ensure any virus detections are investigated and blocked. Staff and our dedicated support team at Kroll/Red Canary work to deploy the latest Carbon Black software, evaluate new cyber threats, and update the automated security actions.

In this new agreement, the number of supported computer nodes has been increased from 300 to 340 to account for new employees and new virtual machines. The per unit cost has increased by three percent compared to the last agreement.

FISCAL IMPACT
The $69,700.00 yearly cost of this service agreement was added and approved in the FY 2022-2023 budget.

As there are sufficient funds budgeted to cover the cost of this service agreement, there will be no fiscal impact to the FY 2022-2023 Adopted Budget. The cost of the FY 2023-2024 service agreement will be appropriated as part of the biennial budget process.

RECOMMENDATION
Staff recommends that the City Councilapprove a new two-year service agreement with KrollAssociates, Inc., for a not-to-exceed aggregate sum of $139,400.00, and authorize the City Manager to execute the agreement.

Prepared by:

Mario J. Vallejo, Information Technology Director; Jackie Acosta, Finance Director Submitted by:

Mario J. Vallejo, Information Technology Director
ATTACHMENTS:

Description Type
Resolution - Kroll ServiceAgreement Resolution
City of Union City - Kroll Responder SOW Exhibit
City Council/RSA Agenda 207 Tuesday, November 8, 2022
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING A TWO-YEAR SERVICE AGREEMENT WITH KROLL
ASSOCIATES, INC., FOR A NOT-TO-EXCEED AGGREGATE SUM OF
$139,400.00, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the City was impacted by a virus attack in 2019 and leveraged the services of Kroll Associates, Inc. to perform security forensics and help restore Information Technology services; and
WHEREAS, this agreement will continue the around-the-clock (24 hours/day) Endpoint Response and Remediation support by Kroll/Red Canary and license the software, Carbon Black Defense with Threat Detection, for 340 computer nodes; and WHEREAS, the FY 2022-2023 budget contains sufficient appropriations to cover the yearly cost of $69,700.00; and
WHEREAS, the new contracted services will begin in November 2022 and continue to November 2024.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City approves the renewal of the two-year service agreement with Kroll Associates, Inc., for a not-to-exceed aggregate sum of $139,400.00, and authorizes the City Manager to execute the agreement.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of November 2022, by the following
vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

City Council/RSA Agenda 208 Tuesday, November 8, 2022
APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 209 Tuesday, November 8, 2022

CONFIDENTIAL
Rev. 12/21

STATEMENT OF WORK
FOR
Kroll Responder powered by Red Canary
This Statement of Work (“SOW”), dated October 25, 2022, is entered into pursuant to and incorporates herein by reference the letter of engagement, entered into as of September 22, 2019 (together with this SOW, the “Agreement”), by and between City of Union City (“Client”) and Kroll Associates, Inc. on behalf of itself and its affiliates (“Kroll”) for the Kroll Services described herein. Capitalized terms herein shall have the meaning ascribed in the letter of engagement.

Kroll Services and Red Canary Services are described below and subject to the respective terms and conditions referenced herein.

A. Kroll Endpoint Response and Remediation Support Services (“Kroll Services”) As part of Kroll Responder powered by Red Canary service, Kroll will provide the following Kroll Services to Client:

Description of Kroll Services
24x7 Endpoint Response and Remediation Support
Kroll will provide managed remote endpoint response and remediation support for medium and high severity Threat Alerts issued by Red Canary, 24x7x365. Kroll’s incident analysts will review issued Threat Alerts, and using the Client Portal and Endpoint Collection Software, will remotely triage, investigate, and respond to these alerts in an effort to effectively contain and/or remediate the identified threat on actively monitored and online Endpoints. Kroll will provide Client with follow-up update(s) and guidance regarding remediation steps taken, along with required Client follow-up actions and Kroll recommendations.

Kroll’s responsive actions may be limited or modified through written rules of engagement and response playbooks (including the configuration of Red Canary Automate orchestration features) as mutually agreed between Client and Kroll during the Term.

In addition, Kroll will provide the following throughout the Term:
 Periodic threat landscape, detection review, and service update teleconferences  Threat analysis and intelligence advice for new or emerging threats of interest  Threat Alert correlation and root cause analysis
 Malware analysis and remediation guidance
 E-mail based customer support for non-emergency requests, 09:00 to 17:00 EST/EDT, Monday through Friday– excluding U.S. Federal holidays.

Client understands and accepts that, while not anticipated, any response and remediation actions taken could cause unforeseen system errors, outages, or data loss.

On-Demand Cyber Security Services
City Council/RSA Agenda 210 Tuesday, November 8, 2022

CONFIDENTIAL
2 Rev. 12/21

As an active Kroll Responder Client, Kroll may be engaged to provide additional advisory, incident response and investigative services at a 15% discount from Kroll’s standard rates, including:
 On-site and remote incident response services
 On-site and in-lab forensic imaging and analysis
 Custom digital forensic investigations
 Proactive advisory and assessment services
On-Demand Cyber Security Services are available upon request and subject to the execution of a separate Statement of Work between Kroll and Client.

B. Fee Structure and Invoicing
The initial term of this Statement of Work shall be for two (2) years (“Initial Term”) from the date above (“Effective Date”) and shall automatically renew for successive one-year periods (each a “Renewal Term”), unless either Party provides written notice of termination to the other Party, and in any case no later than forty-five (45) days before the end of the then-current Initial Term or Renewal Term. Upon receipt of written notice, the effective date of the Termination shall be the end of the then-current Initial Term or Renewal Term. From the Effective Date, the Initial Term and any Renewal Term(s) together until termination hereunder shall be the “Term”.

Invoicing for Managed Threat Detection Services. On behalf of its strategic partner, Red Canary, Kroll shall invoice Client for the Kroll Services and the Red Canary Services on a fixed fee basis for a minimum of 340 of Endpoints Endpoints per year (“End User’s Endpoints”). The cost per Endpoint per year is US$205.00 per Endpoint. “Endpoint” means any kind of computing device that the Endpoint Collection software supports.

Kroll shall invoice the Client in full for the annual cost of this service in advance of the Effective Date of the Initial Term, and no more than to forty-five (45) days prior to the start of any Renewal Term. The Term is not cancellable, and all payments are non-refundable. Payment is due upon receipt of the invoice and all payments are required in US Dollars (USD).

Endpoint Overages. During any calendar month of the Term, in the event that the number of monitored Endpoints exceeds the number of End User’s Endpoints listed above (“Overage”), Client will be invoiced for the Overage during the calendar quarter immediately following the onset of the Overage at a price that is pro-rated based on the cost listed above and the date of increase, and each quarter thereafter in which the monthly quantity of Endpoints monitored exceeds this amount.

Invoicing for On-Demand Cyber Security Services.

In accordance with the description of Kroll Services above, during the Term, Kroll may provide On-Demand Cyber Security Services to Client, subject to execution of an additional Statement of Work. The Professional Fees for this service will be charged at Kroll’s then-current hourly rates, less a discount of 15%.

Kroll’s current hourly rates are as follows:

Consulting Services ...................................................................................................................US$550/hour Travel Time ..................................................................................................... 50% of Consultant hourly rate Media Preservation/Replication .............................................................................................. US$400/media Media / Data Storage ..................................................................................................... US$25/media/month City Council/RSA Agenda 211 Tuesday, November 8, 2022

CONFIDENTIAL
3 Rev. 12/21

For On-Demand Cyber Security Services, Kroll shall invoice Client for the services performed on a monthly basis with the fee due and payable within thirty (30) days of the date of the invoice. In addition to the Professional Fees identified above, additional charges may include travel time, travel costs, and reasonable out-of-pocket expenses incurred in connection with these services.

To the extent Kroll is requested to provide any written testimony or reports, such additional services will be provided at Kroll’s standard applicable hourly rates. However, oral testimony at deposition, a hearing or trial will be provided at 1.5 times such rates.

Accepted and agreed:

CITY OF UNION CITY
___________________________________
Name:

Title:

Date:

KROLL ASSOCIATES, INC.
___________________________________
Name:

Title:

Date:
[CONTINUE TO NEXT PAGE]
City Council/RSA Agenda 212 Tuesday, November 8, 2022

CONFIDENTIAL
4 Rev. 12/21

C. Red Canary Managed Threat Detection Services (“Red Canary Services”) As Kroll’s strategic partner in providing the Kroll Responder powered by Red Canary service, Red Canary will be responsible for providing the following Red Canary Services to Client, subject to Client’s acceptance of, and provided pursuant to, the Red Canary End User Security Platform Agreement and Statement of Work (“EUSPA”), which terms and conditions are accessible via the applicable link below.

Additionally, Client further accepts and agrees to the terms of the Software End User License Agreement(s) (“Software EULA”) for the Endpoint Collection Software, which is defined and accessible via the link(s) listed in the table below.

In connection with the Kroll Responder powered by Red Canary services, Client acknowledges and agrees that Client’s acceptance of and agreement to the EUSPA and the Software EULA as evidenced by Client’s signature below, is required for the provision of the Red Canary Services by Red Canary.

Description of Red Canary Services
Third Party Services: Red Canary Managed Threat Detection Services, provided by Red Canary for use by Client and Kroll pursuant to the terms and conditions of the Red Canary End User Security Platform Agreement and Statement of Work at https://redcanary.com/wp-content/uploads/2020/11/RedCanary-Terms-and-Conditions-v2020-1-K.pdf.  Includes 24x7x365 Red Canary Threat Alert escalation and Portal access.  Includes Automate features
Threat Alerts: Red Canary will provide, as appropriate, Threat Alerts. “Threat Alerts” means analystvetted alerts on malicious activity detected by Red Canary on Client Endpoints.

Threat Alerts will be sent to Kroll and Client’s technical contacts as configured in the Red Canary Portal. Where applicable, each Threat Alert includes information describing the background of the threat related to the particular Alert.

Threat Alerts will contain information that is known to Red Canary about the threat at the time, which typically includes but is not limited to:
 Summary of the detected threat
 Name of affected endpoint and user
 Artifacts such as file names, Internet Protocol (IP) addresses, domain names and registry keys that help support both Client remediation efforts and identification of similar threats.

Client Portal: Client and Kroll will be provided with access to the Red Canary portal (“Portal”) through which Client and Kroll can view data and Threat Alerts.

City Council/RSA Agenda 213 Tuesday, November 8, 2022

CONFIDENTIAL
5 Rev. 12/21

Client’s Software License (“Software EULA”)
Third Party Software: The Red Canary Services include the provision of endpoint monitoring using VMware Carbon Black EDR software (“Endpoint Collection Software”), which is provided to Client in connection with the Red Canary Services and licensed hereunder for use by Red Canary on behalf of Client per the terms and conditions of the VMware EULA accessible at https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/downloads/eula/universal_eula. pdf
 Included VMware Carbon Black Endpoint Standard (CB Defense) D. Client Responsibilities
In connection with the Kroll Services and Red Canary Services, Client agrees to be responsible for performing the following tasks:

1. Installing and maintaining active Endpoint Collection Software on all Client systems to be monitored.

2. Provide Kroll and Red Canary with continuous access to Client’s instance of the Endpoint Collection Software to facilitate ongoing monitoring and response activities for the monitored Endpoints.

3. Obtaining all required authorizations to perform the Managed Threat Detection Services and any data or information required thereby. Client shall obtain consents and authorizes for Kroll and Red Canary and their employees and agents to gain access to and retrieve Technical Data and analyze Threat Alerts and to perform the Red Canary Services and the Kroll Services.

4. In the course of accessing, obtaining and otherwise using the Managed Threat Detection Services and Threat Alerts, Client shall have sole responsibility for the accuracy, quality, integrity, and authorization for use, and intellectual property ownership or right to use necessary for the transferability to Red Canary and Kroll of Technical Data.

5. Client will permit Kroll to include anonymized data that Kroll obtains from the monitoring of Client’s endpoints in Kroll’s proprietary threat intelligence database or feeds, as well as sharing any such data with its intelligence partners. This data includes binary hashes, binary metadata, and EDR event data such as process hashes, IP addresses, domain names, user context (System vs. Local, Root, Network Service, etc.) and operating system version identifiers.

Client’s signature below hereby accepts and agrees to the description of Services and Client Responsibilities above and to the terms and conditions accessible in the links below for the Red Canary Services and Endpoint Collection Software:

1. the EUSPA: https://redcanary.com/wp-content/uploads/2020/11/Red-Canary-Terms-andConditions-v2020-1-K.pdf and

2. the VMware EULA:
https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/downloads/eula/universal_ eula.pdf

CITY OF UNION CITY
___________________________________
Name:

Title:

Date:

City Council/RSA Agenda 214 Tuesday, November 8, 2022

CONFIDENTIAL
6 Rev. 12/21

Billing Information Form
Please complete the following information and return for Kroll’s engagement. Insurance information only needed for events being submitted under a claim.

Client Contact
Primary Contact: Name/Title
Telephone
Email Address
Additional Contact:

Name/Title
Telephone
Email Address
Billing Information
Address bill to
Billing Physical Address
Billing Email Address
Purchase Order #
Insurance Information (if applicable)
Carrier (Insurer)
Claim #
Claims Handler Name/Title
Telephone
Email Address
Insurance Broker Name/Title
Telephone
Email Address
City Council/RSA Agenda 215 Tuesday, November 8, 2022

CONFIDENTIAL
7 Rev. 12/21

City Council/RSA Agenda 216 Tuesday, November 8, 2022
Agenda Item
DATE: 11/8/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING AND ADOPT TWO RESOLUTIONS 1) ADOPTING AN ADDENDUM TO THE 2040 GENERAL PLAN EIR, 2) AMENDING THE
GENERAL PLAN (AG-22-003), AND INTRODUCE TWO ORDINANCES 1) AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL
CODE (AT-22-006), AND 2) AMENDING THE OFFICIAL ZONING MAP (A22-003) FOR CONSISTENCY WITH THE DRAFT 2023-2031 HOUSING

ELEMENT
See attached City Council staff report.

STRATEGIC PLAN ALIGNMENT

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

City Council/RSA Agenda 217 Tuesday, November 8, 2022
Coleman Frick, Senior Planner
Submitted by:

Coleman Frick, Senior Planner
ATTACHMENTS:

Description Type
Staff Report Draft Housing Element Amendments Staff Report Attachment 1_CCResolution Draft Housing Element Addendum Resolution Attachment 1_Exhibit A_CEQAAddendumDraft Housing Element Exhibit Attachment 2_CCResolution_Approving General Plan
Amendments_AG-22-003
Resolution
Attachment 2_Exhibit A_General Plan Text Amendments and Updated Figures
Exhibit
Attachment 2_Exhibit B_Land use redesignation Exhibit
Attachment 3_CCOrdinance_Approving Zoning Text
Amendment_AT-22-006
Ordinance
Attachment 3_Exhibit A_Housing Text Amendments 18.27 18.35

18.36 Exhibit
Attachment 3_Exhibit B_Housing Text Amendments 18.27 18.35

18.36 (redline)
Exhibit
Attachment 4_CCOrdinance_Approving Zoning Map
Amendment_A-22-003
Ordinance
Attachment 4_Exhibit A_Rezoning Figures Exhibit
Attachment 8_PC_Housing Element Resolutions_10.20.22 Attachment Attachment 5_PCStaff Report_Draft Housing Element Amendments Attachment Attachment 6_PCDesk Item10.20.22 Attachment
Attachment 7_ Draft Meeting Minutes_10.20.22 Attachment Power Point Attachment
City Council/RSA Agenda 218 Tuesday, November 8, 2022
Agenda Item
DATE: NOVEMBER 8, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING AND ADOPT TWO RESOLUTIONS 1) ADOPTING AN ADDENDUM TO THE 2040 GENERAL PLAN EIR, 2) AMENDING
THE GENERAL PLAN (AG-22-003), AND INTRODUCE TWO
ORDINANCES 1) AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE (AT-22-006), AND 2) AMENDING THE OFFICIAL ZONING MAP (A-22-003) FOR CONSISTENCY WITH THE DRAFT 2023- 2031 HOUSING ELEMENT

EXECUTIVE SUMMARY
Staff recommends that the City Council adopt two resolutions 1) Adopting an Addendum to the 2040 General Plan EIR (Attachment 1), 2) Amending the General Plan (AG-22-003) (Attachment 2), and Introduce two Ordinances 1) Amending Title 18, Zoning, of the Union City Municipal Code (AT-22- 006) (Attachment 3), and 2) Amending the Official Zoning Map (A-22-003) (Attachment 4) for consistency with the Draft 2023-2031 Housing Element. These actions are referred to as the “Project.” The Planning Commission recommended approval of the Project to the City Council at its October 20, 2022, meeting on a 4-0 vote. The following are attached to this report: the Planning Commission staff report (Attachment 5), Planning Commission Desk Item (Attachment 6), Planning Commission Draft Meeting Minutes (Attachment 7), and Planning Commission Resolutions (Attachment 8) associated with that action.

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

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.

City Council/RSA Agenda 219 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 2

BACKGROUND
2023-2031 Draft Housing Element
The Housing Element is one of seven mandatory elements that must be included in Union City’s General Plan and unlike the other elements is required to be updated every eight years. This element evaluates housing needs and issues in the City, and contains goals, policies, objectives, and implementation programs that the City uses to guide actions related to housing.

The City’s existing 2015-2023 Housing Element was adopted in January 2015. On July 27, 2021, the Council adopted Resolution 5811-2021 authorizing the City Manager to enter into a professional services agreement with Ascent Environmental, Inc. (“Ascent”) for preparation of the Housing Element update and related update to the General Plan Safety Element1.

An important part of State housing element law is the determination of the City’s ability to accommodate State forecasted housing demand for all income levels. The Association of Bay Area Governments (ABAG) manages the Regional Housing Needs Allocation (RHNA) process, which assigns a “fair share” of housing to the jurisdictions in the Bay Area. Each jurisdiction is required to report to the State Department of Housing and Community Development (HCD) on how the fair share allocation can be accommodated within the planning period. For the 2023-2031 (i.e., sixth cycle) planning period, Union City’s RHNA is 2,728 units, a 137 percent increase from the prior planning period. The majority of jurisdictions in the Bay Area saw similar increases.

The Planning Commission reviewed the Draft 2023-2031 Housing Element and related General Plan and Zoning Ordinance amendments at their July 7 meeting. The Commission recommended approval of the amendments and submittal of the Draft Housing Element to HCD for the state mandated review. The draft was amended in response to feedback received from Commissioners and members of the public.

The amended Draft Housing Element was submitted to HCD on July 28, 2022 and is available on the City’s website.

Proposed Amendments
HCD’s initial 90-day review period of the Draft Housing Element concluded on October 26, 2022. HCD provided comments which are currently under review by staff. Staff will provide a revised submittal to HCD based on the initial comment letter. Any subsequent review(s) by HCD will take 60 days.

The City is proposing amendments to the General Plan, Zoning Ordinance, and Zoning Map for conformance with the Draft Housing Element. The proposed amendments are required for the City to meet its obligation under State law to maintain an inventory of vacant and underutilized land suitable for residential development that can accommodate a total of 2,728 housing units by January 31, 2023.

As a result, due to HCD review timelines, the proposed amendments included in this item are required to be adopted in advance of certification of the Housing Element. This is intended to alleviate any

1 Recent state laws (SB 1035, AB 747, SB 99) now require cities to conduct a climate change vulnerability assessment and to integrate climate adaptation and resiliency strategies into their safety elements upon each revision of a jurisdiction’s Housing Element or Local Hazard Mitigation Plan with the goal of identifying new information relating to flood and fire hazards, climate adaptation and resiliency strategies.

City Council/RSA Agenda 220 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 3 penalties associated with not having adequate sites by the Housing Element adoption deadline of January 31, 2023.

ANALYSIS
Sites Inventory
The Housing Element Sites Inventory identifies opportunities for housing production to meet the City’s RHNA and includes a buffer of additional RHNA capacity for each income category. The inventory details housing opportunities sites by income level based on allowable density. Per state law, the City is required to demonstrate that it has sufficient land zoned for residential development to accommodate its RHNA. However, the inventory does not dictate when or how much housing is built since new housing construction is based on a variety of factors outside of the City’s control such as market conditions, available financing, land availability, and construction costs, and is ultimately driven by private property owners unless the site is City-owned.

Approved projects that have not yet been constructed can be counted towards the City’s RHNA. These include: Seven Hills Estates located at the end of Florence Street in the Seven Hills neighborhood, Lazuli Landing located on Mission Boulevard between D Street and E Street, Union Flats 2.0 along 11th Street in the Station District, the Horner Street Mixed Use project located in the Historic Alvarado District, and Carmel on the Bay located adjacent to the Turk Island land fill on Carmel Way. In addition, residential projects that were not included in the current Housing Element and were approved in the last year such as the Station East Residential Mixed-Use Project and the Dyer Meteor Townhome project can be counted towards the 2023-2031 RHNA.

The city is mostly built out, so it is not possible to accommodate the remaining RHNA through vacant sites zoned for residential use alone. As a result, in addition to vacant sites, the inventory also includes “underutilized” sites (i.e., nonvacant infill sites), that are developed, but have redevelopment potential to include housing. To determine whether a nonvacant site should be included in the inventory, staff and the consultant team conducted a thorough analysis, which took into consideration a variety of factors including site conditions, staff knowledge of existing uses, property owner interest, and nearby development activity. Through that process, the team produced a refined list of sites for the sites inventory. In total, 36 vacant and underutilized sites, are included in the Sites Inventory (see Figure 1 below). For more information regarding the sites, see Chapter 3 of the Draft Housing Element.

City Council/RSA Agenda 221 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 4 Figure 1: Map of Housing Opportunity Sites City Council/RSA Agenda 222 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 5 Required Zoning and General Plan Amendments
General Plan Land Use and Zoning Map Amendments
While most sites listed in the Draft Housing Element already have appropriate Zoning and General Plan land use designations to allow for housing, nine sites require amendments in order for the City to meet its RHNA obligation of 2,728 housing units. Table 1 outlines the proposed land use updates to the General Plan and Zoning designations for each of the nine sites requiring amendments. Figure 2 shows where the sites are located. These changes are also shown in Attachment 2 Exhibit B and Attachment 4 Exhibit A.

Two sites, LM-11, and LM-13, are being rezoned to align with their existing General Plan designation, which was updated as part of the 2040 General Plan approval. One site, LM-9, includes several parcels requiring different amendments. The General Plan designation for two of these parcels is proposed to be updated for consistency with the remaining parcels.

Table 1: Sites Proposed for General Plan and/or Zoning Amendments Site Address APNs Site
Identifier
Existing
General Plan
Designation
Proposed
General Plan
Designation
Existing
Zoning
Proposed
Zoning
1780
Whipple Rd.
475-141-13-2 LM-7 C CMU CN CMU
1800
Whipple Rd.
475-141-2 LM-8 C CMU CN CMU
884-920
Whipple Rd.
486-18-59, 486-
18-60, 486-18-
61, 486-18-62,
486-18-63, 486-
18-64, 486-18-
65-2, 486-18-69,
486-18-70, 486-
18-71
LM-9 R 17-30 du/ac
and C (parcels
486-18-64 and
486-18-65-2)
R 17-30 du/ac
(no change
except to
parcels 486-18-
64 and 486-18-
65-2)
CN & R
5000
(parcel
486-18-70)
RM 1500
33090
Mission
Blvd.
87-36-148, 87-
36-149
LM-10 C CMU CN CMU
33549
Mission
Blvd.
486-6-30 LM-11 CMU CMU CC CMU
30793 Vallejo
St.
483-10-12-1 LM-12 R 3-6 du/ac R 10-17 du/ac RS 6000 RM 2500 3955-3995
Smith St.
483-10-22-3,
483-10-21-1,
483-10-20, 483-
10-19-1
LM-13 VMU VMU CS VMU
4400 Horner
St.
482-27-16-1 LM-14 R 10-17 du/ac R 17-30 du/ac ML RM 1500 30500-30600
Union City
Blvd.
483-5-11-2, 483-
5-12, 483-5-9-2,
483-5-10, 483-5-
7-7, 483-5-8-1
LM-15 EMU VMU MS VMU
City Council/RSA Agenda 223 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 6 Figure 2: Sites Proposed for General Plan and/or Zoning Map Amendments City Council/RSA Agenda 224 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 7 Zoning Ordinance and General Plan Amendments
In addition to rezoning and redesignating specific parcels to implement the Draft Housing Element and ensure the City can meet its RHNA, certain amendments to the Zoning Ordinance and/or General Plan are also required. These amendments relate to implementation of state law, policies and programs included in the Draft Housing Element, consistency with the General Plan, and clarifying existing language where applicable. The General Plan text amendments include amendments to the Land Use, Special Areas, and Economic Development Elements of the General Plan. The Zoning Ordinance text amendments include creating a new Chapter (18.27) to implement the 2040 General Plan VMU designation, and consistency amendments to Chapter 18.35 Corridor Mixed Use Commercial (CMU) District and Chapter 18.36 Commercial Districts. Zoning Map amendments are required for consistency with the General Plan and Zoning Ordinance amendments.

These amendments and zoning changes are required to be adopted by the City Council, then codified into the Zoning Ordinance by January 31, 2023 so that the City has adequate capacity to meet its RHNA at the beginning of the planning period.

General Plan Amendments
Text amendments and revisions to specific figures are proposed to the Land Use, Special Areas, and Economic Development Elements to align with the Draft Housing Element. These General Plan text amendments are included in detail in Attachment 2 Exhibit A and summarized below:

Land Use Element
 Modifying the land use description for Mixed-use Employment to remove reference to the development of an Area Plan (Program SA-7A). Applicable policies will be maintained, but an Area plan is no longer required due to the proposed rezoning and other development projects currently in process along the Union City Boulevard corridor (see Special Areas section, below).  Removing Policy LU-5.9 which limits the density on the Diamond Mine site to 20 du/ac. The policy is inconsistent with the planned increased in density for the parcel (Site LM-14).

Special Areas Element
 Amending Figure SA-1 (i.e., map of the Special Areas) to modify the district boundaries for the Union City Boulevard District and Historic Alvarado District based on land use changes connected to sites LM-12 and LM-15.
 Amending Figure SA-7.1 (i.e., map of the Union City Boulevard District) to reflect proposed land use changes. This amendment is required as a result of the redesignated VMU parcels (see site LM15 in Table 1 and Figure 2).  Amending the map of the Historic Alvarado District (Figure SA-11.1) to reflect proposed land use changes connected to sites LM -12 and LM-15.
 Amending Figure SA-11.2 (map of Historic Alvarado District sub-areas) to modify the district boundary to include sites LM-12 and LM-15.
 Amending Policy SA-7.3 and removing Program SA-7.A applicable to the Union City Boulevard District to remove references to the Area Plan and to more generally cover improvements within the Union City Boulevard area.

City Council/RSA Agenda 225 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 8 Economic Development Element
 Modifying Policy ED-1.4 and Program ED-1.B, which require the City to conduct a comprehensive evaluation when sites with industrial and commercial land use designations are considered for residential uses, so that it does not apply to opportunity sites identified in the Housing Element. This amendment is required because the existing policy and program would have the potential to reduce the feasibility of developing housing on these sites, which is considered a constraint by HCD. It should be noted that for the opportunity sites included in the Housing Element, staff completed a comprehensive analysis, which took into consideration several factors, to determine the appropriateness of allowing residential uses on existing industrial and commercial sites.

Zoning Ordinance Amendments
The proposed Zoning Ordinance Amendments are shown in Attachment 3 Exhibit A and Exhibit B (redlined).
 Chapter 18.27 Village Mixed-Use (VMU) District (New Chapter) This new chapter creates a new zoning district to implement the General Plan’s VMU land use designation, which was a new designation added as part of the 2040 General Plan. With the exception of rezoned parcels comprising site LM-15 in Table 1 above, existing parcels designated as VMU in the General Plan are currently zoned CS (Specialty Commercial). This zoning district is being replaced with adoption of the new VMU zoning district. The City is working on an Objective Multi-Family Development Standards project (presented to the Council at its September 13, 2022 meeting), which will include new design and development standards for the new VMU zoning district.
 Chapter 18.35 Corridor Mixed Use Commercial (CMU) District The CMU zoning district amendments are required to fix minor inconsistencies with the Housing Element and General Plan and internal inconsistencies within the chapter.  Chapter 18.36 Commercial Districts
Chapter 18.36 is being amended due to the creation of the VMU zoning district which is replacing the CS zoning district. The proposed amendments remove all references to the CS zoning district in the chapter and any specific requirements applicable to the Historic Alvarado District.

Zoning Map Amendments
Changes are required to the citywide Zoning Map due to the changes listed in Table 1 and shown in Attachment 4 Exhibit A. Staff will prepare an updated Zoning Map, available on the City’s website, following City Council adoption of the proposed amendments.

CEQA Determination
An EIR was prepared as part of the Union City 2040 General Plan and was certified on December 10, 2019.

This EIR evaluated the potential environmental impacts that would result from the 2040 General Plan update. Under California Environmental Quality Act (CEQA) Guidelines Section 15164, preparation of an City Council/RSA Agenda 226 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 9 addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts than what were previously analyzed. For the proposed amendments, the City determined that an addendum to the General Plan EIR was appropriate.

The Addendum (Attachment 1 Exhibit A) was prepared in accordance with CEQA. The Addendum evaluated whether the project would result in any changes in circumstances or substantial new information as compared to the environmental impacts identified in the certified EIR prepared for the General Plan. In regard to each potential environmental impact analyzed, the Addendum established that no substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification, and no new or more severe impacts would occur beyond what was previously analyzed in the General Plan EIR. Attachment 1 is a Resolution recommending the City Council adopt an Addendum to the 2040 General Plan EIR for the project.

Planning Commission Review and Public Feedback
To inform preparation of the Draft Housing Element, staff and the consultant team has held two virtual workshops (one in English and in Spanish), created an online community survey, and done outreach at the local Farmer’s Market in Old Alvarado Park. The survey was available in English, Spanish, Mandarin, Tagalog, and Hindi. The City received 487 responses in the five languages. Staff also created a dedicated Housing Element webpage on the City’s website where community members can find up to date information on the process, contact information for staff, and review the Housing Element. The Draft Housing Element was released for public review on June 13, 2022, and the public comment period closed on July 13, 2022. Notification was sent through the City’s outreach channels informing community members of the release of the Housing Element and how to provide feedback. In addition, property owners of sites included in the inventory were notified by mail. The Planning Commission reviewed the Draft Housing Element and related General Plan and Zoning Ordinance amendments at their July 7, 2022 meeting. The Commission recommended approval of the amendments and submittal of the Draft Housing Element to HCD, which occurred a few weeks later. The proposed amendments reviewed by the Commission at their July meeting are the basis for the more detailed amendments currently under consideration.

The Draft Housing Element amendments, under consideration by the Council, were reviewed by the Planning Commission at their October 20, 2022 meeting. See Attachment 5, Planning Commission staff report, for more information. The Commission voted 4-0 to recommend approval of the proposed amendments to the City Council. Planning Commission resolutions supporting this recommendation are included as Attachment 8. The Desk Item from the October 20 Planning Commission meeting (Attachment 6) addressed feedback from Commissioner Lew. One member of the public also spoke at the meeting and expressed concerns regarding traffic associated with building more housing in the city.

Questions from Commissioners and responses from staff during the meeting are included in the Meeting Minutes (Attachment 7).

City Council/RSA Agenda 227 Tuesday, November 8, 2022
City Council Staff Report, November 8, 2022
AT-22-006 A-22-003 AG-22-003 Draft Housing Element Amendments, Page 10

FISCAL IMPACT
There is no fiscal impact to the General Fund associated with this item.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council hold the public hearing and adopt two resolutions 1) Adopting an Addendum to the 2040 General Plan EIR, 2) Amending the General Plan (AG-22-003), and Introduce two Ordinances 1) Amending Title 18, Zoning, of the Union City Municipal Code (AT-22-006), and 2) Amending the Official Zoning Map (A22-003) for consistency with the Draft 2023-2031 Housing Element

ATTACHMENTS

1. Attachment 1: Resolution to Adopt an Addendum to the 2040 General Plan EIR Exhibit A: Addendum to the 2040 General Plan EIR

2. Attachment 2: Resolution Approving Housing Element General Plan Amendments (AG-22-003) Exhibit A: General Plan Text Amendments and Updated Figures Exhibit B: General Plan Land Use Parcel Redesignations

3. Attachment 3: Ordinance Adopting Housing Element Text Amendments (AT-22-006) Exhibit A – Zoning Text Amendments
Exhibit B – Zoning Text Amendments (Redlined)

4. Attachment 4: Ordinance Adopting Housing Element Zoning Map Amendments (A-22-003) Exhibit A – Parcel Rezoning

5. Planning Commission Staff Report Dated October 20, 2022

6. Planning Commission Desk Item Dated October 20, 2022

7. Planning Commission Draft Meeting Minutes Dated October 20, 2022

8. Planning Commission Resolutions #19-22 through #22-22 Dated October 20, 2022 City Council/RSA Agenda 228 Tuesday, November 8, 2022
ATTACHMENT 1
RESOLUTION NO. XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING AN ADDENDUM TO THE 2040 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT FOR THE DRAFT 2023-2031 HOUSING ELEMENT AMENDMENTS
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) (State Clearinghouse No. 2018102057) for the 2040 General Plan was prepared and certified by the City on December 10, 2019; WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and
WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lowerincome units; and WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, amendments to Title 18, Zoning, (AT-22-006) are proposed for consistency with the Draft Housing Element; and
City Council/RSA Agenda 229 Tuesday, November 8, 2022
Resolution No. XXXX-22

WHEREAS, amendments to the Zoning Map (A-22-003) are proposed for consistency with the Draft Housing Element; and
WHEREAS, the City circulated the Draft Housing Element for a 30-day public review period from June 13, 2022 to July 13, 2022 in compliance with State of California Government Code Section 65583. The Draft Housing Element was available for review on the City’s website; and
WHEREAS, the Planning Commission reviewed a Staff Report dated July 7, 2022 and the Draft Housing Element and amendments, prior to initial submittal to HCD, at a noticed meeting on June 7, 2022 during the 30-day comment period; and
WHEREAS, the public and the Planning Commission had the opportunity to present written and oral comments on the Draft Housing Element and amendments; and WHEREAS, the Draft Housing Element was revised in response to feedback received, posted on the City’s website on July 28, 2022, and submitted to HCD for a 90-day review period; and
WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and WHEREAS, the City has prepared an Addendum to the 2040 General Plan EIR for the Draft Housing Element amendments (“Addendum”), which determined that none of the conditions described in CEQA Guidelines section 15162 will occur; and WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the October 20, 2022 Planning Commission public hearing; and WHEREAS, a staff report, dated October 20, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and Addendum for the Planning Commission; and
WHEREAS, the Planning Commission adopted Resolution 18-22 recommending that the City Council adopt the Addendum, all in compliance with the requirements of CEQA; and WHEREAS, a staff report, dated November 8, 2022 and incorporated herein by reference, described and analyzed the Draft Housing Element amendments and Addendum for the City Council; and
WHEREAS, the City Council reviewed the staff report, and the Draft Housing Element amendments and Addendum at a noticed public hearing on November 8, 2022, at which time all interested parties had the opportunity to be heard; and City Council/RSA Agenda 230 Tuesday, November 8, 2022
Resolution No. XXXX-22

WHEREAS, the Addendum, reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the Draft Housing Element amendments identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR; and
WHEREAS the Addendum is labeled Exhibit A, attached hereto and made a part hereof, is available for review on the City’s website at https://www.unioncity.org/347/PlanningDocuments, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for Draft Housing Element amendments is the City of Union City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

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

A. The foregoing recitals are true and correct and made a part of this resolution.

B. The City Council independently reviewed and considered the information contained in the Addendum to the 2040 General Plan Environmental Impact Report, as well as all other information (both written and oral) provided by City staff, City consultants, and the Public to the City Council at its November 8 meeting relating to the Addendum, prior to approving the Draft Housing Element amendments.

C. The City Council has reviewed and considered the Addendum to the 2040 General Plan Final Environmental Impact Report and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the project would not result in any significant impacts not considered under the original EIR.

D. The Addendum to the 2040 General Plan Final Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

BE IT FURTHER RESOLVED THAT: the City Council hereby adopts the Addendum to the 2040 General Plan Environmental Impact Report in compliance with the requirements of CEQA.

City Council/RSA Agenda 231 Tuesday, November 8, 2022
Resolution No. XXXX-22

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 8
th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ _________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 232 Tuesday, November 8, 2022
Ascent Environmental Introduction
Union City
Sixth Cycle (2023-2031) Draft Housing Element Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 1-1 Addendum to the 2040 General Plan Environmental
Impact Report (State Clearinghouse No. 2018102057)
Sixth Cycle (2023-2031) Draft Housing Element Related
Amendments to the Union City 2040 General Plan and
Zoning Ordinance
1 INTRODUCTION

1.1 BACKGROUND
In November 2019, the City of Union City (City) certified the Final Environmental Impact Report (EIR) (State Clearinghouse No. 2018102057) for the Union City 2040 General Plan (2040 General Plan). Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code (PRC) § 21000, et seq.), the EIR for the 2040 General Plan (General Plan EIR) evaluated the potential environmental impacts that would result from the 2040 General Plan update.

The City is currently in the process of updating the Housing Element for the 2023 to 2031 planning period (Housing Element). An important part of State housing element law is the determination of the City’s ability to accommodate forecasted housing demand for all income levels, known as the Regional Housing Needs Allocation (RHNA). The RHNA quantifies the need for housing in each region statewide and is determined by HCD. The Association of Bay Area Governments (ABAG) is responsible for allocating the RHNA to each city and county in its region, which includes the Union City. On December 16, 2021, the Association of Bay Area Governments (ABAG) adopted the 2023-2031 RHNA Plan. Through the RHNA Plan, ABAG allocates a “fair share” by income category based on projected housing need for each jurisdiction. Each jurisdiction is required to report to HCD on how the fair share allocation can be accommodated within the planning period. It should be noted that the RHNA projection period is June 30, 2022 – December 31, 2030, which differs slightly from the Housing Element planning period of January 31, 2023 – January 31, 2031. The allocations are intended to be used by jurisdictions when updating their housing elements as the basis for assuring that adequate sites and zoning are available to accommodate at least the number of units allocated.

Table 3-1 shows the RHNA assigned to Union City for the 2023-2031 Housing Element. As shown in the table, ABAG allocated 2,728 new housing units to Union City, which includes 862 very low-, 496 low-, 382 moderate-, and 988 above moderate-income units. State law also requires the City to identify the projected need for extremely lowincome housing. The City assumes that 50 percent of the very low-income housing need is equal to the extremely low-income housing need. As such, there is a projected need for 431 extremely low-income housing units.

Table 3-1 Regional Housing Needs Allocation, Union City (2023-2031) Very Low-Income
Units1

Low-Income Units Moderate-Income
Units
Above ModerateIncome Units Total Units
2023-2031 RHNA 862 496 382 988 2,728
1 Extremely low-income allocation is equal to 50 percent of very low-income allocation (431 units).

Source: Association of Bay Area Governments (ABAG), Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031 (Adopted December 2021).

Attachment 1 Exhibit A
City Council/RSA Agenda 233 Tuesday, November 8, 2022
Introduction Ascent Environmental
Union City
1-2 Sixth Cycle (2023-2031) Housing Element Related Amendments to the Union City 2040 General Plan and Zoning Ordinance As part of the Housing Element update, the City is obligated under State law to develop an inventory of vacant and underutilized land suitable for residential development that can accommodate the 2,728 housing units allocated through the RHNA which, includes 1,358 total lower-income units. In order to accommodate the RHNA, the City is rezoning and/or redesignating nine sites and making associated amendments to the 2040 General Plan and the Title 18 of the Union City Municipal Code (Zoning Ordinance). The City is rezoning and redesignating these sites in advance of adopting the Housing Element to make the sites available at the start of the planning period (January 31, 2023) . The City is proposing the additional General Plan and Zoning Ordinance amendments for consistency with the 2040 General Plan. These actions are hereinafter referred to as the “project”.

As the lead agency under CEQA, the City has prepared this Addendum in accordance with State CEQA Guidelines Section 15164 to evaluate whether the proposed project’s effects were adequately examined in the previous environmental analysis in the General Plan EIR or whether any changes trigger supplemental or subsequent review under State CEQA Guidelines Section 15162 or 15163. This Addendum considers whether the environmental conditions that exist today have changed such that new or substantially more severe environmental impacts would occur as a result of the project compared to that evaluated in the General Plan EIR. As described below, no changes associated with the proposed project, and no changes in circumstances, trigger subsequent or supplemental review.

1.2 PREVIOUS ENVIRONMENTAL ANALYSES
The environmental process for the General Plan involved the preparation of the following documents that are relevant to the consideration of the proposed project.
 Draft EIR for the Union City 2040 General Plan, June 2019; and  Final EIR for the Union City 2040 General Plan, November 2019.

1.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES

REGARDING AN ADDENDUM TO AN ENVIRONMENTAL IMPACT
REPORT
Altered conditions, changes, or additions to the description of a project that occur after certification of an EIR may require additional analysis under CEQA. The legal principles that guide decisions regarding whether additional environmental documentation is required are provided in the State CEQA Guidelines, which establish three mechanisms to address these changes: 1) a subsequent environmental impact report (SEIR), 2) a Supplement to an EIR, or 3) an Addendum to an EIR.

Section 15162 of the State CEQA Guidelines describes the conditions under which a SEIR would be prepared. In summary, when an EIR has been certified for a project, no Subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR; City Council/RSA Agenda 234 Tuesday, November 8, 2022
Ascent Environmental Introduction
Union City
Sixth Cycle (2023-2031) Draft Housing Element Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 1-3 (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Section 15163 of the State CEQA Guidelines states that a lead agency may choose to prepare a supplement to an EIR rather than a Subsequent EIR if:
(1) any of the conditions described above for Section 15162 would require the preparation of a SEIR; and (2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation.

Under Section 15164, an addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, and 15168.

Based on the criteria above and the results of the following EIR conformity evaluation, the City has determined that an addendum to the General Plan EIR is the appropriate CEQA document. The EIR conformity evaluation is intended to review relevant environmental topic areas for any changes in circumstances or the substantial new information as defined under State CEQA Guidelines Section 15162 (stated above), as compared to the environmental impacts identified in the certified EIR prepared for the General Plan.

The proposed project consists of rezoning and/or redesignating nine specific sites in the city to allow residential development or intensify residential land uses. Some of these sites were already designated for housing or mixed use upon adoption of the 2040 General Plan in 2019 and only need to be rezoned for consistency with the General Plan while other sites are proposed for both Zoning and General Plan amendments to allow for housing on sites that otherwise would not allow housing (e.g., commercial-only sites) or to allow for housing at higher densities than what is currently allowed. The project does not include an action that would result in any ground disturbance that was not already analyzed in the General Plan EIR. For this reason, this checklist excludes detailed evaluation of the following environmental topic areas:
 Agriculture/Forestry. While no areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance occur within Union City, the 2040 General Plan designates agricultural land uses in the southwest corner of the city, and throughout much of the hillside area east of State Route 238. The proposed project would not result in any changes to land in the hillside area or land with an agricultural use designation and would not result in any ground disturbance that was not previously evaluated in the General Plan EIR; therefore, the project would not result in any new or more severe significant impacts beyond what was evaluated in the General Plan EIR.  Biological Resources. As described in the General Plan EIR, there are a variety of vegetation communities in Union City. Areas that may provide habitat for special-status species are primarily located in the open space and undeveloped hillside areas of the City and the marshes and wetlands adjacent to San Francisco Bay in the western part of the City (Union City 2019a). The General Plan EIR found that implementation of the 2040 General Plan development pursuant to other local and regional planning efforts within the greater cumulative impact area (adjoining cities such as Fremont and Alameda County) could result in regional impacts on special-status species, riparian, wetland, or other sensitive natural communities, as well as wildlife movement. The 2040 General Plan sets forth goals and policies for surveys and required actions to be taken if biological resources have potential to be impacted by development. The project does not include changes to the land use designations in the hillside area of the city and would not result in any additional ground disturbance than what was evaluated in City Council/RSA Agenda 235 Tuesday, November 8, 2022
Introduction Ascent Environmental
Union City
1-4 Sixth Cycle (2023-2031) Housing Element Related Amendments to the Union City 2040 General Plan and Zoning Ordinance the General Plan EIR and the project would implement all applicable policies described in the EIR. Therefore, the proposed project would not result in a new or more severe significant impact than what was analyzed in the General Plan EIR.
 Cultural Resources. Based on CEQA Guidelines Section 15064.5, the 2040 General Plan – and future development activities facilitated by the plan – would have a significant impact on historical cultural resources if it would cause a substantial adverse change in the significance of a historical cultural resource. The General Plan EIR found that development under the proposed 2040 General Plan could affect known or unknown historical and/or archaeological resources. Goals, policies, and implementation programs contained in the Resource Conservation element of the 2040 General Plan would reduce the potential for cultural resources to be adversely impact from development. In addition, the implementation of Mitigation Measure CR-1 would reduce impacts to historical and unique archeological resources to a less than significant level by including an implementation program in the 2040 General Plan requiring cultural resource studies for projects within the city and implementation of further requirements to avoid or reduce impacts to such resources on a project by-project basis. Moreover, the 2040 General Plan requires compliance with existing regulations relating to the treatment of human remains should ground-disturbing activities associated with development result in damage to or destruction of human burials.

The proposed project would comply with the required policies and procedures from the 2040 General Plan and General Plan EIR and would not result in any additional ground disturbance beyond what was previously analyzed. Therefore, the project would not result in any new or more severe significant impacts.  Geology/Soils. The General Plan EIR analyzed the potential impacts of development facilitated by the 2040 General Plan and concluded that most potential impacts to geology and soils were less than significant with compliance with existing federal, state, and local laws and ordinances. The 2040 General Plan includes goals and policies in the Safety Element to minimize the risks associated with geologic and soil hazards. Implementation of these policies, in addition to compliance with applicable laws and regulations, would minimize the potential for erosion and loss of topsoil (Union City 2019a). Chapter 15.85 of the Union City Municipal Code also contains erosion control requirements that include slope protection and dust control. Additionally, growth and development facilitated by the 2040 General Plan would occur in the urbanized areas of Union City west of State Route 238, which is relatively flat with low potential for soil erosion. Development facilitated by the 2040 General Plan may result in the construction of structures on expansive soils, which could create a substantial risk to life or property (Union City 2019a). However, development would be required to comply with the California Building Code, which would ensure that expansive soils are remediated or that foundations and structures are engineered to withstand the forces of expansive soil. The implementation of Mitigation Measure GEO-1 would reduce impacts to paleontological resources to a less than significant level by including an implementation program requiring paleontological resource studies for projects in high sensitivity geological units within Union City and implementation of further requirements to avoid or reduce impacts to such resources on a project-by-project basis. The proposed project would not result in any changes to the level of ground disturbance beyond what was anticipated in the General Plan and evaluated in the General Plan EIR. Implementation of policies and regulations identified in the General Plan EIR would still be required and would minimize any potential impacts related to seismic and other unstable soils and geologic conditions. The project would not result in any new or more severe significant impacts.
 Hydrology/Water Quality. The General Plan EIR indicated that development facilitated by the 2040 General Plan could potentially result in violation of water quality standards or waste discharge requirements, depletion of groundwater supplies or interference with groundwater recharge, and increased risk of pollutant release in flood hazard areas. Compliance with applicable laws and regulations and implementation of goals and policies from the Safety Element, Public Facilities and Services Element, Resource Conservation Element, and Special Areas Element of the 2040 General Plan would reduce hydrology/water quality impacts associated with new development to the maximum extent practicable. The 2040 General Plan facilitates development within urbanized areas of the city, primarily as infill and redevelopment. Wetlands, streams, and rivers do not occur on parcels that have previously or are currently developed and that may be redeveloped. Additionally, any development facilitated by the 2040 General Plan within streams or rivers, as well as wetlands, would be required to obtain the necessary permits from regulatory agencies, which would avoid impacts to streams or rivers. The City Council/RSA Agenda 236 Tuesday, November 8, 2022
Ascent Environmental Introduction
Union City
Sixth Cycle (2023-2031) Draft Housing Element Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 1-5 proposed project would comply with applicable laws and regulations in addition to the required policies and procedures from the 2040 General Plan and Union City Municipal Code and would not result in any additional ground disturbance beyond what was previously analyzed. Therefore, the project would not result in any new or more severe significant impacts.
 Mineral Resources. While development on areas containing mineral resources could result in the permanent loss of those minerals, the 2040 General Plan did not include land use designation changes in the hillside area east of State Route 238, where the known mineral deposit occurs. Therefore, the 2040 General Plan would not facilitate new or additional development within the area of the mineral deposit. The proposed project would not propose a change in land use designations in the hillside area; therefore, the project would not result in new or more severe significant impacts beyond what was evaluated in the General Plan EIR.  Tribal Cultural Resources. The General Plan EIR indicated that development projected by General Plan 2040 would have less than significant impacts related to tribal cultural resources. The General Plan EIR anticipates some development projects that may involve excavation, which will have the potential to impact previously unidentified tribal cultural resources. Effects on tribal cultural resources can only be known once a specific project has been proposed because the effects are highly dependent on the individual project site conditions, and the characteristics of the proposed activity, including but not limited to the level of ground disturbance associated with construction activities. In accordance with Assembly Bill (AB) 52 and Senate Bill (SB) 18, Union City prepared and mailed letters to local Native American contacts informing them of the General Plan 2040 on October 8, 2018. None of the tribes contacted responded to request consultation. This project includes redesignation of nine sites in the General Plan. New tribal cultural resources may be identified or established during the development process on an individual site, but it is assumed that future development would be consistent with regulations pertaining to tribal cultural resources, and impacts would be of similar type and severity as what could occur under the current zoning district and land use designation. No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification.
 Wildfire. The General Plan EIR concluded that the impact related to wildland fires under the 2040 General Plan would be less than significant. Wildfire risk in Union City is limited to the hillside area east of State Route 238 because this area is undeveloped and contains large tracts of vegetation cover that can act as fire fuel. The project does not include changes to the land use designations in the hillside area that would allow for more or increased development compared to what is currently allowed under the 2040 General Plan, which is the area of the city most susceptible to wildfire. Therefore, the land use scenario envisioned by redesignating sites LM-7 through LM-15 would not exacerbate existing wildfire risks or expose residents or business occupants to pollutant from a wildfire beyond existing conditions. In addition, the Safety Element of the 2040 General Plan includes polices to reduce the potential for uncontrolled wildfires in the hillside area and to reduce the potential for structural damage from uncontrolled fire. The nine affected sites are all located in urban areas and are surrounded by existing development. Therefore, the proposed change in allowed use would not result in any changes to potential wildfire risk or environmental impacts resulting from wildfire than under existing conditions.

Future housing projects would continue to be reviewed through the City’s entitlement process and the CEQA process to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to wildfire. No new or more severe significant impacts related to wildfire risk would occur beyond what was previously analyzed in the General Plan EIR.

City Council/RSA Agenda 237 Tuesday, November 8, 2022
City Council/RSA Agenda 238 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-1 2 PROJECT DESCRIPTION

2.1 PROJECT OVERVIEW
The City is currently in the process of updating the Housing Element for the 2023 to 2031 planning period. As part of this update, the City is obligated under State law to develop an inventory of vacant and underutilized land suitable for residential development that can accommodate a total of 2,728 housing units, including 1,358 lower-income units, as part of its RHNA. In order to accommodate the RHNA, the City is considering rezoning and/or redesignating nine sites, listed below in Table 1, and will be considering these General Plan and Zoning Ordinance amendments in advance of adopting the 2023-2031 Housing Element. Some of these sites were already designated for housing or mixed use upon adoption of the 2040 General Plan in 2019 and only need to be rezoned for consistency with the General Plan. Other sites are proposed for both Zoning and General Plan amendments to allow for housing on sites that otherwise wouldn’t allow housing (e.g., commercial-only sites) or to allow for housing at higher densities than what is currently allowed. The proposed sites all have existing residential and commercial land use designations; open space areas are not being proposed for redesignation or rezoning. Table 1 provides details on each of these nine sites, including information on whether a General Plan and/or Zoning amendment is being considered. Figure 1 shows the location of the sites being proposed for a General Plan and/or Zoning amendment.

Table 1: Sites with Proposed General Plan and/or Zoning Amendment Site ID Address APN Parcel Acres General Plan
Amendment
Zoning
Amendment
LM-7 1780 Whipple Rd 475-141-13-2 0.85 X X
LM-8 1800 Whipple Rd 475-141-2 1.45 X X
LM-9 920, 900, 884, 854, 884 Whipple
Road
486-18-59, 486-18-60, 486-18-61,
486-18-62, 486-18-63, 486-18-69,
486-18-70, 486-18-71

5.21 X
LM-10 33090 Mission Boulevard 87-36-148, 87-36-149 0.75 X X LM-11* 33549 Mission Boulevard 486-6-30 0.58 X
LM-12 30793 Vallejo Street 483-10-12-1 1.26 X X
LM-13 3995, 3969, 3955 Smith Street 483-10-22-3, 483-10-21-1, 483- 10-20, 483-10-19-1

1.08 X
LM-14 4400 Horner Street 482-27-16-1 5.93 X X
LM-15 30500-30600 Union City Boulevard 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, 483-5-8-1

6.76 X X
*This site was included in the previous Housing Element and is subject to Policy HE-1.5 in the Draft 2023-2031 Housing Element, By-right Housing on Prior Housing Element Sites.

Source: City of Union City and Ascent, 2022
In addition to the rezoning/redesignation of the above nine sites, the City is proposing additional General Plan and Zoning Ordinance amendments as part of this project. The additional amendments will include text modifications to the Land Use Element, Special Areas Element, and Economic Development Element of the 2040 General Plan to maintain consistency with the proposed actions of this project (see Section 2.4.2 Additional General Plan Amendments). Furthermore, the City is proposing amendments to the Zoning Ordinance for consistency with the 2040 General Plan and Housing Element update (see Section 2.4.3 Additional Zoning Code Amendments).

City Council/RSA Agenda 239 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-2 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance Figure 1: Sites Requiring General Plan and/or Zoning Amendments Source: Union City and Ascent, 2022.

City Council/RSA Agenda 240 Tuesday, November 8, 2022
Ascent Environmental Project Description
City of Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-3

2.2 PROJECT LOCATION
Union City is located in southern Alameda County on the east side of the San Francisco Bay. Union City is bounded by the City of Hayward to the north and west, the City of Fremont to the south, and unincorporated lands of Alameda County to the east. Union City encompasses approximately 18 square miles (11,520 acres). The location of specific site redesignations are described below in Section 2.4.1.

2.3 SUMMARY OF GENERAL PLAN LAND USE DESIGNATIONS
The following is a summary of the 2040 General Plan land use designations relevant to this project:
 Commercial (C) – 0.25 to 1.0 Floor Area Ratio: This designation allows retail uses, personal services, professional offices, banks, restaurants, and entertainment uses. Multiple zoning designations apply within this category to distinguish between community-serving, neighborhood-serving, and professional office commercial areas. Office uses above first floor retail are allowed. The allowed floor area ratio (FAR) range for buildings located in this designation is between 0.25 and 1.00. The minimum parcel size for this designation is 5,000 square feet.  Corridor Mixed-Use Commercial (CMU) – 17 to 45 Dwelling Units per Acre: This designation allows stand-alone commercial uses and residential uses that are vertically integrated with ground floor commercial uses. It applies to properties along the Mission Boulevard Corridor, but could apply to other areas along major arterials. The purpose of this designation is to allow for the construction of commercial uses and mixed-use higher-density residential development that will support the commercial uses and create vibrant places for people to live, work, shop, and play. The allowed FAR range for mixed-use buildings is between 0.5 and 1.50, and the allowed residential density range is 17-45 units per acre. Ground floor commercial is required in mixed-use buildings along arterials. The allowable FAR for stand-alone commercial is 0.3 to 1.0.  Mixed Use Employment (EMU) – 0.40 to 2.0 Floor Area Ratio: This designation allows a mix of employment uses, including but not limited to light industrial, research and development, office, and “flex” space, as well as supportive commercial uses that are vertically or horizontally integrated. Residential/commercial mixed-use development may be allowed where it has been identified by the City as part of the development of an Area Plan.1
The EMU designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. The allowed floor area ratio (FAR) range for buildings located in this designation is between 0.40 and 2.0.  Residential – 3 to 6 Dwelling Units per Acre (R 3-6): This designation allows single family detached homes and accessory dwelling units. This is the predominant residential development type in Union City. The allowed density range is 3 to 6 units per gross acre. The lot size range for this designation is 6,000 to 10,000 square feet.  Residential – 10 to 17 Dwelling Units per Acre (R 10-17): This designation allows duplexes and multifamily dwellings. This designation is typically applied to transitional areas between higher intensity uses and lesser density single family residential areas. The allowed density range is 10 to 17 units per net acre.  Residential – 17 to 30 Dwelling Units per Acre (R 17-30): This designation allows multifamily dwellings. This designation is typically applied to areas where a mixture of higher intensity activities is desired, such as near major transportation routes and facilities and core shopping areas. This designation also serves as a transitional land use between single family and higher intensity non-residential areas. The allowed density range is 17 to 30 units per net acre.
 Village Mixed-Use Commercial (VMU) – 17 to 30 Dwelling Units per Acre: This designation allows stand-alone commercial uses and residential uses that are vertically integrated with ground floor commercial uses. It applies 1 The language allowing residential/commercial mixed-use development following preparation of an Area Plan is proposed to be removed from the EMU designation description.

City Council/RSA Agenda 241 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-4 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance to properties within the Historic Alvarado District but could be applied to other areas where mixed-use is appropriate. The allowed floor area ratio (FAR) range for mixed-use buildings is between 0.5 and 1.50, and the allowed residential density range is 17-30 units per acre. Ground floor commercial is required in mixed-use buildings along arterials. The allowable FAR for stand-alone commercial is 0.3 to 1.0.

City Council/RSA Agenda 242 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-5

2.4 SUMMARY OF GENERAL PLAN AND ZONING AMENDMENTS

2.4.1 Sites with Proposed General Plan and/or Zoning Amendments The following is a description of the nine sites being proposed for a General Plan and/or Zoning amendment.

SITE LM-7 WHIPPLE AND LISTON WAY SITE
This 0.85-acre site is located at 1780 Whipple Road. There is currently a two-story office building surrounded by a surface parking lot. Two existing businesses are located on this site: Coker & Arias Insurance, a small family business established in 1976; and Carson Consulting Corp. This site is proposed to be redesignated and rezoned to CMU, increasing the maximum FAR to 1.5 for a mixed-use development and the allowed density to 45 dwelling units per acre (du/acre). The CMU designation allows for standalone commercial and residential as part of a mixed-use project that includes ground floor commercial on the site, which could include residential amenities or other space that activates the ground floor.

APN for Site LM-7: 475-141-13-2
Current Proposed
General Plan Commercial (C) Corridor Mixed Use (CMU)
Zoning Neighborhood Commercial (CN) Corridor Mixed Use (CMU) Density/Intensity Standards FAR 0.2-1.0 Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-45 du/ac
Maximum Development Capacity 37,026 sq. ft. A combination of 37,026 sq. ft. and/or 38 dwelling units Figure 2. Whipple And Liston Way Site
Source: Union City, 2022.

City Council/RSA Agenda 243 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-6 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance SITE LM-8 WHIPPLE AND MEDALLION DRIVE SITE
This 1.45-acre existing commercial strip is located at 1800 Whipple Road. The site contains a donut shop, dry cleaners, liquor store, convenience store, a few restaurants, and a few hair and nail salons. This site is proposed to be redesignated and rezoned to CMU, increasing the maximum FAR to 1.5 for a mixed-use development and the allowed density to 45 du/acre. The CMU designation allows for standalone commercial and residential uses as part of a mixed-use project that includes ground floor commercial on the site, which could include residential amenities or other space that activates the ground floor.

APN for Site LM-8: 475-141-2
Current Proposed
General Plan Commercial (C) Corridor Mixed Use (CMU)
Zoning Neighborhood Commercial (CN) Corridor Mixed Use (CMU) Density/Intensity Standards FAR 0.2-1.0 Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-45 du/ac
Maximum Development Capacity 63,162 sq. ft. A combination of 63,162 sq. ft. and/or 65 dwelling units Figure 3. Whipple and Medallion Drive Site
Source: Union City, 2022.

City Council/RSA Agenda 244 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-7 SITE LM-9 WHIPPLE/CEMEX SITE
This 5.48-acre site, located at 920, 900, 884, 854, 884 Whipple Road, contains a building occupied by Cemex. There is currently a cement plant occupied by Cemex and a single-family home on the site. A portion of this site was included in the above moderate-income inventory and was listed in the 2002, 2010, and 2015 Housing Elements. Most of the parcels that make up this site were redesignated in the 2040 General Plan to Residential 17-30 and are being rezoned to RM 1500 for consistency with the General Plan. The two easternmost parcels (486-18-64 and 486-18-65-2) are currently designated Commercial and zoned Neighborhood Commercial and are proposed to be redesignated to Residential (17-30) and RM 1500 consistent with the adjacent parcels.

APNs for Site LM-9: 486-18-59, 486-18-60, 486-18-61, 486-18-62, 486-18-63, 486-18-64, 486-18-65-2, 486-18-69, 486-18-70, 486-18-71 Current Proposed
General Plan Residential (17-30 du/acre) and
Commercial (C)
Residential (17-30 du/acre) [no change except to parcels 486-18-64 and 486-18-65-2]
Zoning Neighborhood Commercial (CN)
and R 5000 (6-10 du/ac)
RM 1500 (17-30 du/acre)
Density/Intensity Standards 17-30 du/ac 17-30 du/ac
Maximum Development Capacity 156 dwelling units and 11,760 sq. ft. commercial
164 dwelling units
Figure 4. Whipple/Cemex Site
Source: Union City, 2022.

City Council/RSA Agenda 245 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-8 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance SITE LM-10 MISSION AND TAMARACK DRIVE SITE
This 0.75-acre site is located at 33090 Mission Boulevard. The site is currently home to a gas station, auto repair shop, and a farm stand. This site is proposed to be redesignated and rezoned to CMU, increasing the maximum FAR to 1.5 for a mixed-use development and the allowed density to 45 du/acre. The CMU designation allows for standalone commercial and residential uses as part of a mixed-use project that includes ground floor commercial on the site, which could include residential amenities or other space that activates the ground floor. The site is surrounded by residential uses on three sides. The property owner has expressed support and interest in the land changing to mixed use.

APNs for Site LM-10: 87-36-148, 87-36-149
Current Proposed
General Plan Commercial (C) Corridor Mixed Use (CMU) (17-45 du/acre) Zoning Neighborhood Commercial (CN) Corridor Mixed Use (CMU) (17-45 du/acre) Density/Intensity Standards FAR 0.2-1.0 Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-45 du/ac
Maximum Development Capacity 32,670 sq. ft. A combination of 32,670 sq. ft. and/or 33 dwelling units Figure 5. Mission and Tamarack Drive Site
Source: Union City, 2022.

City Council/RSA Agenda 246 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-9 SITE LM-11 MISSION AND F STREET SITE
This 0.58-acre site is currently an unused parking lot at 33549 Mission Boulevard. The site was redesignated under the 2040 General Plan from CC to CMU, which increased the maximum FAR to 1.5 for a mixed-use development and the allowed density from 30 du/acre to 45 du/acre. The CMU designation allows for standalone commercial and residential uses as part of a mixed-use project that includes ground floor commercial on the site, which could include residential amenities or other space that activates the ground floor. The site is proposed to be rezoned to CMU for consistency with the General Plan.

APN for Site LM-11: 486-6-30
Current Proposed
General Plan Corridor Mixed Use (CMU) (30-45
du/acre)
Corridor Mixed Use (CMU) (17-45 du/acre) [no
change]
Zoning Community Commercial (CC) Corridor Mixed Use (CMU) (17-45 du/acre) Density/Intensity Standards Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-
45 du/ac
Non-residential: FAR 0.3-1.0
Residential mixed-use: FAR 0.5-1.5, 17-45 du/ac
Maximum Development Capacity A combination of 25,264 sq. ft. and/or 26 dwelling units
A combination of 25,264 sq. ft. and/or 26
dwelling units (no change)
Figure 6. Mission and F Street Site
Source: Union City, 2022.

City Council/RSA Agenda 247 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-10 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance SITE LM-12 VALLEJO ST. AND GRANGER AVE. SITE
This 1.26-acre parcel is located at 30793 Vallejo Street and is currently zoned for single-family homes with a maximum allowable density of 6 du/acre. The site is proposed to be redesignated and rezoned to Residential (10-17 du/acre).

APN for Site LM-12: 483-10-12-1
Current Proposed
General Plan Residential (3-6 du/acre) Residential (10-17 du/acre) Zoning RS 6000 (3-6 du/acre) RM 2500 (10-17 du/acre)
Density/Intensity Standards 3-6 du/acre 10-17 du/acre
Maximum Development Capacity 7 dwelling units 21 dwelling units Figure 7. Vallejo St. and Granger Ave. Site (Historic Alvarado District) Source: Union City, 2022.

City Council/RSA Agenda 248 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-11 SITE LM-13 SMITH STREET SITE
This 1.08-acre site, located at 3995, 3969, and 3955 Smith Street, is made up of four adjacent parcels. The largest parcel, located on the corner of Union City Boulevard and Smith Street, was built in 1863 and is currently used as an office building. Based on a historic resource survey conducted in preparation of the historic overlay zone, the building is not considered a historic building/contributor of substantial value due to the extent of renovations/remodels over the years. About half of the parcel is vacant, as are the three adjacent parcels that make up the site. This site was redesignated in the General Plan from C to VMU and the site is proposed to be rezoned for General Plan consistency.

APNs for Site LM-13: 483-10-22-3, 483-10-21-1, 483-10-20, 483-10-19-1 Current Proposed
General Plan Village Mixed Use Commercial (VMU)
(17-30 du/acre)
Village Mixed Use Commercial (VMU) (17-30
du/acre) [no change]
Zoning Specialty Commercial (CS) Village Mixed Use Commercial (VMU) (17-30 du/acre)
Density/Intensity Standards Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-
30 du/ac
Non-residential: FAR 0.3-1.0
Residential mixed-use: FAR 0.5-1.5, 17-30 du/ac
Maximum Development Capacity A combination of 47,044 sq. ft. and/or 32 dwelling units
A combination of 47,044 sq. ft. and/or 32
dwelling units (no change)
Figure 8. Smith Street Site (Historic Alvarado District) Source: Union City, 2022.

City Council/RSA Agenda 249 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-12 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance SITE LM-14 DIAMOND MINE MINI-STORAGE SITE
This 5.93-acre site, located at 4400 Horner Street in a residential neighborhood, is currently occupied by a ministorage facility. The site was redesignated from Industrial to Residential 10-17 in the 2040 General Plan. Policy LU-5.9 in the Land Use Element of the 2040 General Plan allows for up to 20 du/ac. The site is proposed to be rezoned to Residential 17-30.

APNs for Site LM-14: 482-27-16-1
Current Proposed
General Plan Residential (10-17 du/acre) Residential (17-30 du/acre) Zoning Light Industrial (ML) Multi-Family Residential (RM-1500) (17-30 du/acre) Density/Intensity Standards 10-20 du/ac* 17-30 du/ac
Maximum Development Capacity 118 dwelling units 178 dwelling units * Policy LU-5.9 allows up to 20 du/acre. This policy is proposed to be removed from the General Plan consistent with the action to increase the density of the site to Residential 17-30.

Figure 9. Diamond Mine Mini-Storage Site (Historic Alvarado District) Source: Union City, 2022.

City Council/RSA Agenda 250 Tuesday, November 8, 2022
Ascent Environmental Project Description
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 2-13 SITE LM-15 UNION CITY BOULEVARD SITE
This 6.76-acre industrial site is located at 30500-30600 Union City Boulevard surrounded by industrial uses to the west, a new residential mixed-use development to the south, and single-family homes to the east off Granger Avenue. The site is currently occupied by a used auto parts store, a print shop, and a mattress store. The site would be redesignated and rezoned to VMU, which would allow stand-alone commercial uses and residential uses that are vertically integrated with ground floor commercial uses along Union City Boulevard, allowing a range of 17-30 du/acre.

APNs for Site LM-15: 483-5-11-2, 483-5-12, 483-5-9-2, 483-5-10, 483-5-7-7, 483-5-8-1 Current Proposed
General Plan Mixed Use Employment (EMU) Village Mixed Use Commercial (VMU) (17-30 du/acre) Zoning Special Industrial (MS) Village Mixed Use Commercial (VMU) (17-30 du/acre) Density/Intensity Standards FAR 0.4-2.0 Non-residential: FAR 0.3-1.0 Residential mixed-use: FAR 0.5-1.5, 17-30 du/ac
Maximum Development Capacity 588,930 sq. ft. A combination of 294,465 sq. ft. and/or 203 dwelling units Figure 10. Union City Boulevard Site (Historic Alvarado District) Source: Union City, 2022.

City Council/RSA Agenda 251 Tuesday, November 8, 2022
Project Description Ascent Environmental
Union City
2-14 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

2.4.2 Additional General Plan Amendments
The City is proposing the following text amendments to the Land Use Element, Special Areas Element, and Economic Development Element of the 2040 General Plan. The proposed amendments are to maintain consistency with the proposed actions of this project.

Land Use Element
 Amend the Land Use Diagram (Figure LU-1) to reflect proposed land use changes outlined in Section 3.4.1 of the Addendum.
 Modify land use description for Mixed-use Employment to remove reference to the development of an Area Plan (Program SA-7A).
 Remove Policy LU-5.9 which limits the density on the Diamond Mine site to 20 du/ac.

Special Areas Element
 Amend map of the Special Areas (Figure SA-1) to modify the district boundaries for the Union City Boulevard District and Historic Alvarado District, as described below.  Amend map of Union City Boulevard District (Figure SA-7.1) to modify the district boundary to remove Site LM-15 and reflect proposed land use changes outlined in Section 3.4.1 of the Addendum.  Amend Policy SA-7.3 and remove Program SA-7.A in the Union City Boulevard District to remove references to the Area Plan and to more generally cover improvements within the Union City Boulevard District.  Amend map of Historic Alvarado District (Figure SA-11.1) to modify the district boundary to add site LM 15 and Site LM 12 reflect proposed land use changes outlined in Section 3.4.1 of the Addendum.  Amend map of Historic Alvarado District sub-areas (Figure SA-11.2) to modify the district boundary to include sites LM-12 and LM-15.

Economic Development Element
 Modify Policy ED-1.4 and Program ED-1.B, which requires the City to conduct a comprehensive evaluation of land use changes, so that it does not apply to opportunity sites identified in the Housing Element.

2.4.3 Additional Zoning Code Amendments
The City is proposing the following amendments to the Zoning Code for consistency with the 2040 General Plan and to clean up discrepancies in development standards.
 Create a new Village Mixed Use (VMU) district to implement the General Plan VMU designation.  Revise Chapter 18.35 Corridor Mixed Use Commercial (CMU) District to correct minor internal inconsistencies and for consistency with the Housing Element.
 Revise Chapter 18.36 Commercial Districts for consistency with the new VMU zoning designation and the Housing Element.

City Council/RSA Agenda 252 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-1 3 EIR CONFORMITY EVALUATION
As described in the Introduction, the purpose of this EIR conformity evaluation is to review relevant environmental topic areas for any changes in circumstances or the substantial new information as defined under State CEQA Guidelines Section 15162 (stated above), as compared to the environmental impacts identified in the certified EIR prepared for the General Plan. Several environmental issue areas were dismissed from further evaluation (see Introduction for the reasons why each section was eliminated from the detailed conformity evaluation). The following relevant environmental issue areas are evaluated below:
 Aesthetics
 Air Quality
 Energy
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Land Use and Planning
 Noise
 Population and Housing
 Public Services and Recreation
 Transportation
 Utilities and Service Systems

City Council/RSA Agenda 253 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-2 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.1 AESTHETICS
The General Plan EIR anticipated that development under the 2040 General Plan would have significant and unavoidable impacts on the visual resources in some areas of the city, specifically those with a view of the hillside area, marshlands along the bay, or other open space areas and in the existing urbanized areas of the city. The following goals and associated policies from the 2040 General Plan Community Design Element and Resource Conservation Element would reduce potential impacts to views of scenic open space in the city and provide protection of open space areas in the city, including scenic vistas of these areas.

Community Design Element Goals and Policies
 Goal CD-2: Protect and enhance the visual and physical access to the hillsides, Baylands, and creeks.  Policy CD-2.1 Frame Visual Access to Hillside Views. As the city redevelops, the City shall use the layout of streets, blocks, and pedestrian corridors to provide visual access to hillside views.  Policy CD-2.2 Minimize Hillside Viewshed Impacts. The City shall minimize the viewshed impacts of development at the base of the hillsides.
 Policy CD-2.5 Minimize Visual Impact on Baylands. The City shall ensure that new development near the Baylands respects its natural setting by maintaining visual harmony with the Baylands and using buffers such as pedestrian trails, linear parks, and landscaped rights-of-way.  Policy CD-2.8 Provide Visual Access to Creeks. Wherever practical, new development shall provide visual access to creeks.

Resource Conservation Element Goals and Policies
 Goal RC-1: To provide for a continuous system of open spaces for the preservation, enhancement, and protection of open space land.
 Policy RC-1.1 Provide for a Variety of Open Spaces. The City shall provide a variety of open spaces including open space for public use and enjoyment and for the protection of agricultural uses including grazing, wildlife habitats, and scenic vistas.
 Policy RC-1.2 Protect Scenic Views. The City shall strive to protect areas of outstanding natural scenic qualities and outstanding views of natural or man-made significance, such as ridgelines and valley sides in the eastern hillsides and the critical wetland areas at the western end of the city through regulation, public acquisition, or dedication of development rights or scenic easements.
 Policy RC-1.3 Observation Areas. The City shall encourage observation areas with outstanding vistas be provided in coordination with recreational trails
The General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to new sources of light and glare. The General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to damage of other scenic resources within a state scenic highway.

The project consists of rezoning/redesignating nine sites in the city (LM-7 through LM-15) to increase land use densities. The type of new development envisioned on Sites LM-7 through LM-15 also have the potential to block scenic vistas and reduce views of the hillside area and Baylands. If approved, the new land use designations would increase maximum height allowances at each of the sites. The greatest change would be from a minimum of 30 feet in the Neighborhood Commercial (CN) and Single-Family Residential (RS-6000) zones to 55 feet in sites that would be designated Corridor Mixed Use (CMU) or Village Mixed Use (VMU). All affected sites are surrounded by existing development, and none of the sites, except for one, are located in an area that would affect a scenic view identified for protection by General Plan Policy RC-1.2. Site LM-10, located at Mission Boulevard and Tamarack Drive Site, is approximately 0.75 acres and is located east of Mission Boulevard, such that a tall structure could affect views of the eastern hillsides for travelers on Mission Boulevard. At this location, the maximum height currently allowed is 30 feet; the proposed project would increase the allowable height at this site to 55 feet.

City Council/RSA Agenda 254 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-3 The General Plan EIR concluded that development under the General Plan would result in a significant and unavoidable impact related to scenic views, including hillside views. The EIR also concluded that there were no mitigation measures available to reduce the potential visual impact associated with increased maximum height limits to a less than significant level. However, the applicable goals and policies in the 2040 General Plan, listed above, would address and minimize the potential intrusion into scenic vistas. The General Plan EIR indicates that nonresidential development facilitated through the 2040 General Plan could result in buildings ranging in height from 40 to 75 feet in the City’s business parks and up to 160 feet in the Greater Station District (Union City 2019a). The EIR’s analysis assumes that new residential development would be between three and eight stories (Union City 2019a: 4.1- 10); this equates to a building height between 30 and 80 feet. Therefore, even in the event that a structure was developed on one of the rezoned/redesignated sites at the proposed maximum allowed height of 55 feet, it would still be consistent with the analysis of the General Plan EIR and would not result in an increase in severity of a significant impact.

In addition, future housing projects would continue to comply with General Plan policies and will be reviewed through the City’s development standards (e.g., Municipal Code and design review process), entitlement process and the CEQA process to ensure consistency with all relevant federal and State policies and related to aesthetic resources.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on visual aesthetics would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 255 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-4 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.2 AIR QUALITY
The General Plan EIR found that implementation of the 2040 General Plan would be consistent with the Bay Area Air Quality Management District (BAAQMD) 2017 Clean Air Plan. In addition, the rate of increase for vehicle miles travelled during buildout of the 2040 General Plan would not exceed the rate of service population increase associated with the 2040 General Plan. The EIR indicated that there would be less than significant impacts related to the following:
additional sources of toxic air contaminants exposed during buildout of the 2040 General Plan, generation of air pollutants during construction, and the introduction of new odor-generating land uses.

The following mitigation measure was included in the General Plan EIR analysis and would continue to apply to subsequent development:
 Mitigation Measure AQ-1: Health Risk Assessments. Implement Bay Area Air Quality Management District (BAAQMD) CEQA Air Quality Guidelines and State Office of Environmental Health Hazard Assessment policies and procedures requiring health risk assessments (HRAs) for new residential development and other sensitive receptors, as defined in the BAAQMD CEQA Air Quality Guidelines, within 1,000 feet of sources of toxic air contaminants, including freeways and roadways with over 10,000 vehicle trips per day. Based on the results of the HRA, identify and implement measures, such as air filtration systems, to reduce potential exposure to particulate matter, carbon monoxide, diesel fumes, and other potential health hazards in accordance with the receptor thresholds contained in BAAQMD’s CEQA Air Quality Guidelines.

The project includes redesignating nine sites (LM-7 through LM-15) to increase residential capacity beyond the level identified in the 2040 General Plan. These nine sites are currently developed and zoned/designated for urban development; therefore, the proposed project would not change the level of ground-related construction that would occur, and emissions levels associated with mass grading, including dust and particulate matter emissions, would not be substantially similar compared to the levels identified in the General Plan EIR analysis. Regarding operational criterial pollutant emissions, some policies in the 2040 General Plan Resource Conservation Element are aimed at reducing vehicle emissions and energy use, which are two major drivers of criteria air pollutant emissions. For example, Policy RC-6.1 would increase energy efficiency and conservation in residential, commercial, industrial, and public buildings. Furthermore, Policy RC-7.5 aims to reduce greenhouse gas emissions from new development by encouraging development that lowers VMT, discouraging auto-dependent development patterns; promoting development that is compact, mixed-use, pedestrian friendly, and transit oriented; promoting energy-efficient building design and site planning; improving the jobs/housing ratio; and other methods of reducing emissions (Union City, 2019a). The 2040 General Plan goals, policies, and implementation programs in the Resource Conservation Element would limit air quality impacts through reduction in vehicle trips and thus emissions by providing alternate modes of transportation. As stated in the General Plan EIR, development projected by the 2040 General Plan would be designed to promote active transportation in the community, further reducing vehicle emissions (Union City 2019a: 4.2-9). This project includes increasing residential capacity in urbanized areas that are well-served by transit and/or within existing employment-rich areas, which, in turn, results in greater VMT efficiency and lower mobilesource emissions. Further, Mitigation Measure AQ-1 would apply to any residential use proposed within 10,000 feet of a source of toxic air contaminants.

The project would not result in physical changes affecting implementation of air quality plans, increases in criteria air pollutants, exposure to pollutant concentrations, or result in in exposure of other emissions, such as odors.

Development would be consistent with regulations pertaining to air quality, and impacts would be of similar type and severity as what could occur under the current zoning district and land use designation.

Future housing projects would continue to be reviewed through the City’s entitlement process, compliance with BAAQMD rules and guidance and the CEQA process to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to air quality.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, no new or more severe significant impacts related to air quality would occur beyond what was previously analyzed in the General Plan EIR.

City Council/RSA Agenda 256 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-5

3.3 ENERGY
The General Plan EIR indicated that the 2040 General Plan would not result in potentially significant environmental impacts related to consumption of energy and conflicts with applicable plans. The development and population growth facilitated by the 2040 General Plan would result in overall consumption of energy beyond existing conditions. However, the 2040 General Plan is based on a land-use strategy that promotes greater overall energy efficiency in community and municipal operations. 2040 General Plan policies and implementation programs would ensure that development under the 2040 General Plan would comply with existing energy efficiency regulations, and would encourage new development to take advantage of voluntary energy efficiency programs. Wasteful, inefficient, or unnecessary consumption of energy would not occur and impacts would be less than significant. The 2040 General Plan would be consistent with energy efficiency goals contained in the Union City Climate Action Plan. Construction and operation of projects facilitated by the 2040 General Plan would comply with relevant provisions of the State’s CalGreen and Title 24 of the California Energy Code.

The 2040 General Plan contains goals, policies, and implementation programs that would help minimize the occurrence of inefficient, wasteful, and unnecessary energy consumption during construction and operation of development facilitated by the General Plan. The 2040 General Plan goals, policies, and implementation programs that present the greatest potential for reducing wasteful, inefficient, and unnecessary energy consumption are as follows:

Resource Conservation Element Goals and Policies
 Goal RC-6: The City shall continue to promote programs and initiatives that support and maximize energy conservation and the use of renewable energy in Union City.  Policy RC-6.1: Reduced Energy Consumption. The City shall support measures to reduce energy consumption and increase energy efficiency in residential, commercial, industrial, and public buildings.  Policy RC-6.6: Energy-Efficient Lighting. The City shall employ energy-efficient lighting technology to reduce the energy required to light parks, streets, and public facilities.  Policy RC-6.7: Green Building. The City shall encourage new development to adopt and incorporate green building features included in the CalGreen Tier 1 checklist in project designs, and shall consider future amendments to the municipal Code to adopt CalGreen Tier 1 requirements consistent with the State building code.
 Policy RC-6.8: Zero Net Energy. The City shall encourage Zero Net Energy (ZNE) building design for new residential and non-residential construction projects, and consider future amendments to the Municipal Code to adopt ZNE requirements consistent with the State building code.  Policy RC-6.9: Water Heater Replacement. The City shall encourage the use of high-efficiency or alternatively-powered water heater replacements at time of replacement in existing residential development.  Implementation Program RC-6.A: High-Efficiency or Alternatively-Powered Water Heater Replacement Program. The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively-powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high-efficiency and alternatively-powered water heater replacement, and develop appropriate financial incentives by working with energy utilities or other partners. Replacement water heaters could include high-efficiency natural gas (i.e., tankless), or other alternatively-powered water heating systems that reduce or eliminate natural gas usage such as solar heating systems, tankless or storage electric water heaters, and electric heat pump systems.

Implementation of the 2040 General Plan policies and implementation programs listed above, as well as other policies and implementation programs contained in the 2040 General Plan that would result in indirect energy conservation, such as the promotion of alternative transportation, water conservation, and waste reduction, would promote greater energy efficiency in municipal and community operations and development (Union City 2022: 4.5- 19). Furthermore, the 2040 General Plan contains a land-use strategy that actively promotes infill mixed-use and City Council/RSA Agenda 257 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-6 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance transit-oriented development, which would result greater energy efficiency overall for City residents, businesses, and City operations. For these reasons the EIR concludes that the 2040 General Plan would not result in potentially significant environmental effects from wasteful, inefficient, or unnecessary consumption of energy, and the impact is less than significant.

The project includes rezoning and/or redesignating nine sites which would not result in physical changes affecting energy resources or conflicts with energy-related plans. Increasing residential density in urbanized areas that are well-served by transit and/or within existing employment-rich areas, generally results in a reduction of VMT, which, in turn, results in lower fuel consumption.

Also, since certification of the General Plan EIR, the 2019 Title 24 Part 6 Building Energy Efficiency Standards took effect on January 1, 2020. The standards are designed to move the State closer to its zero net energy goals for new residential development. It does so by requiring all new residences to install enough renewable energy to offset all the site electricity needs of each residential unit (CCR, Title 24, Part 6, Section 150.1(c)14). CEC estimates that the combination of mandatory on-site renewable energy and prescriptively required energy efficiency features will result in new residential construction that uses 53 percent less energy than the 2016 standards. Nonresidential buildings are anticipated to reduce energy consumption by 30 percent compared to the 2016 standards primarily through prescriptive requirements for high-efficacy lighting. The building efficiency standards are enforced through the local plan check and building permit process. Local government agencies may adopt and enforce additional energy standards for new buildings as reasonably necessary in response to local climatologic, geologic, or topographic conditions, provided that these standards are demonstrated to be cost effective and exceed the energy performance required by Title 24 Part 6. Future housing projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to energy.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on energy resources would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 258 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-7

3.4 GREENHOUSE GAS EMISSIONS
The General Plan EIR indicated that there would be significant and unavoidable impacts associated with development facilitated by the 2040 General Plan and the overall generation of greenhouse gas emissions (GHGs). Based on the growth factors prepared by Mintier Harnish (2018), as well as traffic modeling and vehicle miles traveled (VMT) data provided by Hexagon Transportation Consultants (2018), emissions facilitated through the 2040 General Plan would exceed the 2040 efficiency threshold of 1.12 metric tons of carbon dioxide equivalent (MT CO2e) per service population per year. Likewise, construction activities associated with buildout of the 2040 General Plan would generate temporary short-term GHG emissions primarily due to the operation of construction equipment and worker and hauling trips.

Goals, policies, and implementation programs included in the Resource Conservation Element, Public Facilities Element, and Mobility Element with the direct purpose of reducing GHG emissions are listed below.

Mobility Element Goals and Policies
 Goal M-3: Provide an accessible, sustainable, efficient, and convenient public transit system for residents, workers, and visitors in Union City.
 Policy M-3.21: Greening the Bus Fleet. The City shall continue to increase the use of alternative fuel vehicles in the bus fleet and shall support opportunities for in-route charging infrastructure for electric transit vehicles.  Implementation Program M-3.C: Convert Bus Fleet. The City shall convert the bus fleet to a zeroemission fleet as vehicle replacement funds become available through the Metropolitan Transportation Commission and the Federal Transit Administration.
 Goal M-4: Establish a safe, convenient, and efficient street network that facilitates vehicle travel throughout Union City.
 Policy M-4.19: Electric Vehicle Charging Stations. The City shall support electric vehicles and other lowemissions/zero-emissions vehicles by working with third-party vendors to provide easily accessible charging stations within the city.

Resource Conservation Element Goals and Policies
 Goal RC-6: The City shall continue to promote programs and initiatives that support and maximize energy conservation and the use of renewable energy in Union City.  Policy RC-6.1: Reduced Energy Consumption. The City shall support measures to reduce energy consumption and increase energy efficiency in residential, commercial, industrial, and public buildings.  Policy RC-6.2: Renewable Energy. The City shall support measures to reduce energy consumption and increase energy efficiency in residential, commercial, industrial, and public buildings.  Policy RC-6.3: Solar Technology on Private Buildings. The City shall encourage the incorporation of solar panels and other solar technology on parking structures and residential, industrial, and commercial buildings.  Policy RC-6.4: Solar Panels on City Facilities. The City shall install solar panels on City facilities, as appropriate and feasible.
 Policy RC-6.5: Use of Landfills for Renewable Energy. The City shall encourage the reuse of closed landfills within the City, including the Turk Island Landfill, as a site for solar or other renewable energy generation.  Policy RC-6.6: Energy-Efficient Lighting. The City shall employ energy-efficient lighting technology to reduce the energy required to light parks, streets, and public facilities.  Policy RC-6.7: Green Building. The City shall encourage new development to adopt and incorporate green building features included in the CalGreen Tier 1 checklist in project designs, and shall consider future City Council/RSA Agenda 259 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-8 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance amendments to the municipal Code to adopt CalGreen Tier 1 requirements consistent with the State building code.
 Policy RC-6.8: Zero Net Energy. The City shall encourage Zero Net Energy (ZNE) building design for new residential and non-residential construction projects, and consider future amendments to the Municipal Code to adopt ZNE requirements consistent with the State building code.  Policy RC-6.9: Water Heater Replacement. The City shall encourage the use of high-efficiency or alternatively-powered water heater replacements at time of replacement in existing residential development.  Implementation Program RC-6.A: High-Efficiency or Alternatively-Powered Water Heater Replacement Program. The City shall provide educational material and information on the City website and through the Building Division on high-efficiency and alternatively-powered water heater replacement options available to current homeowners considering water heater replacement. The City shall streamline the permitting process for high-efficiency and alternatively-powered water heater replacement, and develop appropriate financial incentives by working with energy utilities or other partners. Replacement water heaters could include high-efficiency natural gas (i.e., tankless), or other alternatively-powered water heating systems that reduce or eliminate natural gas usage such as solar heating systems, tankless or storage electric water heaters, and electric heat pump systems.

Public Facilities and Services Element Goals and Policies  Goal PF-2: To operate and function in a sustainable manner, use public revenues and resources efficiently, and provide professional, high-quality service to residents and businesses.  Policy PF-2.13: New Technology in City Facilities. As financially feasible, the City shall incorporate new technology into public buildings and operations on an ongoing basis to increase efficiency and productivity, reduce operating costs, enhance customer service, improve communication with residents, and facilitate access to City services.
 Policy PF-2.14: Sustainable Practices. The City shall consider the following as part of everyday operations:
 Implementation of green infrastructure systems that reduce impacts on the environment;  Purchasing decisions that minimize the generation of waste;  Recycling programs that reduce waste;
 Energy efficiency and conservation practices that reduce water, electricity, and natural gas use; and  Fleet operations that reduce gasoline consumption.
 Policy PF-2.15: Energy Efficient Buildings and Infrastructure. The City shall continue to improve energy efficiency of City buildings and infrastructure through efficiency improvements, equipment upgrades, and installation of clean, renewable energy systems to achieve climate action goals and reduce operating costs.  Policy PF-4.3: Renewable Energy Generation at Wastewater Treatment Facility. The City shall support efforts by Union Sanitary District to supply the energy demand from the wastewater treatment facility through renewable energy generation.
 Goal PF-7: Ensure the provision of a reliable, efficient, cost-effective, and environmentally-sound gas and electric service within Union City.
 Policy PF-7.1: Community Choice Energy. The City shall participate in regional efforts to provide competitive electricity rates and cleaner energy that reduces GHG emissions to Union City residents and businesses.  Policy PF-7.6: Expedite Solar Energy Installation. The City shall expedite the review and permitting of solar installations.

In addition to the above policies and implementation programs, the 2040 General Plan encourages infill and transitoriented development and active transportation to reduce overall GHG emissions throughout the city. The 2040 City Council/RSA Agenda 260 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-9 General Plan contains land-use strategies to encourage high-density and mixed-use development adjacent to the Intermodal Station, along transit corridors, and near job centers. The 2040 General Plan further identifies infill development and creative reuse and redevelopment of existing sites as the primary means for accommodating future growth. Although the 2040 General Plan encourages placing services and amenities close to where people live and work, buildout is still anticipated to result in GHG emissions above the per service population target established for the 2040 General Plan to meet statewide goal trajectories. Therefore, the following mitigation measure was included in the General Plan EIR analysis and would continue to apply to subsequent development:
 Mitigation Measure GHG-1 Update to Climate Action Plan. In accordance with Implementation Program RC-7.A of the 2040 General Plan, the City of Union City shall update its Climate Action Plan (CAP). The updated CAP shall demonstrate a pathway to achieving the GHG reduction targets for Union City’s fair share contribution consistent with SB 32 and Executive Order S-3-05. Implementation measures in the updated CAP may include but are not limited to the following:
 Develop and adopt Zero Net Energy requirements for new residential and non-residential development  Develop and adopt a building electrification ordinance  Implement VMT reduction measures such as improvements to public transit, full buildout of the Pedestrian and Bicycle Master Plan, and incentivization of transit-oriented development  Expand charging infrastructure for electric vehicles
 Implement carbon sequestration by expanding the urban forest, participating in soil-based or compost application sequestration initiatives, supporting regional open space protection, and/or incentivizing rooftop gardens
 Purchase carbon offsets from a validated source2
Mitigation Measure GHG-1 requires updating the City’s CAP to reflect the most recent GHG reduction regulations and establish a Citywide GHG reduction target. In the absence of the updated CAP the General Plan EIR establishes per service population GHG emission thresholds for the year 2040, specific to the 2040 General Plan.

The proposed project includes rezoning/ redesignating nine sites (LM-7 through LM-15). Increasing residential density in urbanized areas that are well-served by transit and/or within existing employment-rich areas, generally results in a reduction of VMT, which is considered beneficial to regional GHG emissions. As stated in the General Plan EIR, mixed-use, transit-oriented, and high-density development places residents closer to places of employment, businesses those residents patronize, and public transit facilities, which potentially reduces the need to drive and reduce associated GHG emissions (Union City 2019a: 4.7-19).

Future development would be consistent with regulations pertaining to GHG emissions, and impacts would be of similar type and severity as what was analyzed in the General Plan EIR. Future housing projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant State policies and consistency with all relevant City General Plan policies related to GHGs.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on greenhouse gas emissions would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

2 Validated sources are carbon offset sources that follow approved protocols and use third-party verification. At this time, appropriate offset providers include only those that have been validated using the protocols of the Climate Action Registry, the Gold Standard, or the Clean Development Mechanism (CDM) of the Kyoto Protocol. Credits from other sources will not be allowed unless they are shown to be validated by protocols and methods equivalent to or more stringent than the CDM standards.

City Council/RSA Agenda 261 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-10 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.5 HAZARDS AND HAZARDOUS MATERIALS
The General Plan EIR indicated that there would be less than significant impacts resulting from: the routine transport, use, or disposal of hazardous materials; reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; the emission or handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; and being located on a site included on a list of hazardous materials sites and, as a result, creating a significant hazard to the public or the environment.

There are no airports within two miles of Union City, and the city is not within the influence area of an airport. There would be no impact in this topic area of Appendix G. The General Plan EIR also determined that there would be less than significant impacts related to hazards from wildfires because the 2040 General Plan policies address maintaining a Local Hazard Mitigation Plan along with emergency access implementation.

Mobility Element Goals and Policies
 Goal M-7: Encourage the safe and efficient movement of goods to support the local economy while minimizing impacts on residential neighborhoods and local traffic patterns.  Policy M-7.1: Designated Truck Routes. The City shall protect residential neighborhoods from intrusion by truck traffic by establishing, maintaining, and enforcing an efficient system of designated truck routes.  Policy M-7.2: Whipple Road as Truck Route. The City shall require all new development projects in the Central Bay Business Park to use Whipple Road from Central Avenue to Union City Boulevard as a truck route.

Safety Element Goals and Policies
 Goal S-2: Ensure efficient, effective, and coordinated response to natural and man-made disasters.  Policy S-2.2: Comprehensive Emergency Management Plan. The City shall maintain an up-to-date Comprehensive Emergency Management Plan that is consistent with the State and Federal disaster preparedness requirements.
 Policy S-2.3: Hazard Mitigation Plan. The City shall maintain a FEMA- [Federal Emergency Management Agency] and State-approved Local Hazard Mitigation Plan and shall make it available for review on the City’s website.
 Policy S-2.4: Emergency Operations Center. The City shall maintain an Emergency Operations Center, either in an existing facility or a newly construction facility.  Policy S-2.5: Emergency Preparedness Staffing. The City shall seek funding for a staff person dedicated to managing emergency preparedness activities, including coordinating training activities for City staff and community members and coordination with outside agencies.  Goal S-7: To protect public health and safety, property, and the environment by promoting the safe management of hazardous substances and controlling the use, storage, handling and disposal of the most toxic and hazardous substances.
 Policy S-7.3: Environmental Site Assessment. The City shall require applications subject to Site Development Review or applications for development on sites where there is potential for contamination to exist to include submittal of a Phase 1 Environmental Site Assessment and Phase 2 Environmental Site Assessment (if required). Any recommendations contained in these documents, including the need for remediation activities or additional study, shall be completed consistent with applicable federal, State, and local regulations.

The project consists of redesignating nine sites (LM-7 through LM-15) in the city to increase residential capacities. Site LM-7, located at Whipple Road and Liston Way, and Site LM-8, located at Whipple Road and Medallion Drive, are both located near industrial manufacturing/distribution warehouses to the north and east. These warehouses are primarily used for distribution services and are not associated with the emission or handling of hazardous materials.

City Council/RSA Agenda 262 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-11 The General Plan EIR states that compliance with existing applicable regulations, programs, standards such as the Fire Code and Building Code, and implementation of 2040 General Plan goals and policies would minimize risks from routine transport, use, and disposal of hazardous materials, including potential hazards from the accidental release of hazardous materials. Oversight by the appropriate federal, State, and local agencies and compliance by new development with applicable regulations related to the handling and storage of hazardous materials would minimize the risk of the public’s potential exposure to these materials (Union City 2019a:4.8-16). All of these City policies and federal, state, and local regulations would apply to any development that would occur on the affective sites.

Therefore, the proposed changes to land use designations would not change the level of impact identified in the General Plan EIR.

Future housing projects would continue to be reviewed through the City’s entitlement process and the CEQA process to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to hazards and hazardous materials.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on hazards and exposure to hazardous materials would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 263 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-12 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.6 LAND USE AND PLANNING
The General Plan EIR states that the 2040 General Plan would have less than significant impacts on land use and planning. Implementation of the 2040 General Plan would provide for orderly development in Union City and would not physically divide any established community.

Based on the full buildout anticipated under the 2040 General Plan, an estimated 11,486 new residents and 4,330 new dwelling units would be added to Union City through 2040. The residential growth is anticipated to result in up to 444 new single-family residences and 3,886 new multi-family housing units (Union City 2019a). Because the majority of new development in existing neighborhoods would occur within existing subdivisions or other approved project areas, implementation of the 2040 General Plan would not physically divide an existing established community.

The 2040 General Plan encourages infill and transit-oriented development along with the creative reuse and redevelopment of existing sites as the primary means for accommodating future growth in Union City. Some of the key goals and policies related to land use are listed below:

Land Use Element Goals and Policies
 Goal LU-1: Strategically support infill development and redevelopment to transform Union City into a distinctive community with a dynamic, transit-oriented city center, attractive shopping and entertainment areas, and thriving and innovative work places.
 Policy LU 1.1: Healthy Balance of Land Uses. The City shall promote and support the development of a healthy balance of residential, commercial, open space, institutional, and industrial businesses within the city.  Policy LU 1.2: Promote Infill and Enhance Neighborhoods. The City shall promote infill development and redevelopment of underutilized parcels while maintaining or enhancing the positive qualities of the surrounding neighborhoods.
 Policy LU-1.3: Strategic Infill Areas. The City shall encourage redevelopment and infill in strategic areas, including the Historic Alvarado District and along Union City Boulevard, Union Landing, the Greater Station District, and Mission Boulevard.
 Policy LU-1.4: Public-Private Partnerships. The City shall use public investment and partnerships with the private sector, as appropriate, to incentivize infill development.  Policy LU-1.5: Land Banking. Consistent with State law, the City shall strive to take advantage of opportunities to acquire key vacant or underutilized infill properties for future development that would serve as a catalyst for private investment in the surrounding area or meet other long-term City goals.  Policy LU-1.6: Integrate New Development into the Community. The City shall require new large-scale development projects to be integrated into the fabric of the existing community rather than allowing projects to be self-contained, walled off, or physically separated/segregated from surrounding uses. To the extent feasible, circulation networks and open spaces in such developments should be linked to existing streets and open spaces to improve connectivity between neighborhoods.  Goal LU-2: Provide a land use framework that promotes transit-oriented development and walkable communities and reduces reliance on cars.
 Policy LU-2.1: Becoming a More Transit-Oriented City. The City shall plan for Union City’s transition to a community that includes a mix of established lower-density residential neighborhoods and new higherdensity mixed-use neighborhoods with access to high-quality transit.  Policy LU-2.2: Transportation and Development Balance. The City shall ensure that future land use and development decisions are in balance with the capacity of the City’s transportation system and consistent with the City's goal of reducing greenhouse gas emissions.

City Council/RSA Agenda 264 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-13  Policy LU-2.3: Planning that Reduces VMT. The City shall strive to reduce vehicle miles travelled (VMT) by providing a mix of land uses, through site planning and design practices, and with circulation improvements that reduce or shorten vehicle trips and maximize transit ridership.  Policy LU-2.4: Land Use That Maximizes Transit Use. The City shall encourage new land uses and project designs to minimize automobile dependence and maximize transit usage, walking, and bicycling.  Policy LU-2.5: Mixed-use and Higher-Density Development Around Transportation Nodes. The City shall support mixed-use development, pedestrian-friendly environments, and higher density around the major transportation nodes and corridors.
 Policy LU-2.6: Land Use Regulations that Embrace New Transportation Technologies. The City shall maintain flexible land use regulations that accommodate new transportation technologies (e.g., autonomous vehicles, electric vehicles, car sharing).

Overall, the 2040 General Plan would promote orderly development in Union City by encouraging growth in designated focused areas and at infill sites near transit and other amenities and promote the enhancement of the City’s multimodal circulation system, maximizes connections, and minimizes barriers to connectivity.

The project consists of rezoning or redesignating nine sites (LM-7 through LM-15) in the city to increase land use densities. Some of these sites were already designated for housing or mixed use upon adoption of the 2040 General Plan in 2019 and only need to be rezoned for consistency with the General Plan. Other sites are proposed for both Zoning and General Plan amendments to allow for housing on sites that otherwise wouldn’t allow housing (e.g., commercial-only sites) or to allow for housing at higher densities than what is currently allowed. The proposed sites all have existing residential and commercial land use designations. Therefore, these changes would align with the General Plan EIR’s conclusion regarding potential division of an established community. Also, with the project’s approval, revisions to the Zoning Ordinance and Zoning Map would be required to ensure consistency with the 2040 General Plan. Specifically, revisions to the Zoning Map would need to be consistent with the 2040 General Plan, incorporating revisions to the land use categories and other recommended design and development standards. Refer to the Project Description for more information on amendments to the Zoning Ordinance. Future development would be consistent with regulations pertaining to land use and planning.

Future housing projects would continue to be reviewed through the City’s development standards (Municipal Code), entitlement process, and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to land use.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on land uses would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 265 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-14 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.7 NOISE
The General Plan EIR indicated that there would be significant and unavoidable impacts related to development projected under the 2040 General Plan and the temporary generation of increased noise levels and groundborne vibrations during construction. The following mitigation measure was included in the General Plan EIR analysis and would continue to apply to subsequent development:
 Mitigation Measure N-1 Construction Noise Reduction. For projects involving impact pile-drivers that are located within 400 feet of noise-sensitive receptors, projects involving sonic piledrivers that are located within 200 feet of construction, and projects without pile-driving that are located within 175 feet from noise-sensitive receptors, the following mitigation would be required:
 Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction related noise sources and noise-sensitive receptors.  Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities.  Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction.
 Additional Noise Attenuation Techniques. During the clearing, earth moving, grading, and foundation/conditioning phases of construction, temporary sound barriers shall be installed and maintained between the construction site and the sensitive receptors. Temporary sound barriers shall consist of sound blankets affixed to construction fencing or temporary solid walls along all sides of the construction site boundary facing potentially sensitive receptors.

Even after implementation of identified mitigation measures, the General Plan EIR concludes that buildout of the 2040 General Plan would result in significant and unavoidable impacts related to construction noise. The proposed redesignation of nine sites to expand residential capacity allowed under the General Plan would not change the amount of ground disturbance assumed in the General Plan EIR; therefore, the overall level of construction noise would be substantially similar.

The General Plan EIR concludes that impacts related to new on-site noise sources associated with residential, commercial, and industrial land uses, which considers potential increase traffic noises, are less than significant. As discussed elsewhere in this document, increasing residential density in urbanized areas that are well-served by transit and/or within existing employment-rich areas, generally results in a reduction in the reliance of automobiles. One of the key statewide strategies to reduce GHG emissions is to build new housing in transportation-efficient areas by enabling mixed-use, walkable, and compact infill development (CARB 2022: 5-8). Beyond having a direct impact on GHG emissions from cars, reducing individuals’ need to drive to fulfill daily needs and moving away from low-density, auto-oriented residential and commercial development, can also support emissions reductions in other sectors and support statewide climate, equity, health, and affordability goals (CARB 2022). As stated in the General Plan EIR, mixed-use, transit-oriented, and high-density development places residents closer to places of employment, businesses those residents patronize, and public transit facilities, which potentially reduces the need to drive and reduce associated GHG emissions (Union City 2019a: 4.7-19). Also, a doubling of traffic volumes on a given roadway is required for a noticeable increase in traffic noise to occur; therefore, the proposed project would not result in an increase in traffic levels that would change the level of significance identified in the General Plan EIR.

Future housing projects will continue to be reviewed through the City’s noise standards, entitlement process, and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to noise and vibration.

City Council/RSA Agenda 266 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-15 No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on noise and vibration would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 267 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-16 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.8 POPULATION AND HOUSING
The General Plan EIR indicated that implementation of the 2040 General Plan would facilitate the construction of new housing in the city which would increase the City’s population over time. However, the General Plan EIR determined that the 2040 General Plan accommodates and plans for population growth and includes policies to manage new development. The General Plan EIR indicated that implementation of the 2040 General Plan would not result in the displacement of substantial numbers of persons or housing and concluded the impact to be less than significant The 2040 General Plan assumes that the City’s population will grow approximately 15 percent between 2018 and 2040. This translates into an estimated 11,486 new residents by 2040. New dwelling units are expected to increase 21 percent between 2018 and 2040, for a total of increase of 4,330 units (Mintier Harnish 2018).

In accordance with State law and local housing requirements, the purpose of the Housing Element in a local General Plan is to identify and analyze existing and projected housing needs in order to preserve, improve, and develop housing for all economic segments of the community, consistent with the RHNA regulations described in the Background section of the Introduction. The General Plan EIR evaluated the 2015-2023 Housing Element, certified by the California Department of Housing and Community Development (HCD) on February 19, 2015. At the time the EIR was prepared for the 2040 General Plan, no substantive changes were being proposed to the Housing Element as part of its incorporation into the 2040 General Plan. The General Plan EIR concluded that development allowed under the General Plan is intended to accommodate projected growth, rather than induce growth, and concluded that the impact related to inducement of unplanned population growth is less than significant.

Table 3-1 shows the RHNA assigned to Union City for the 2023-2031 Housing Element. As shown in the table, ABAG allocated 2,728 new housing units to Union City, which includes 862 very low-, 496 low-, 382 moderate-, and 988 above moderate-income units. State law also requires the City to identify the projected need for extremely lowincome housing. The City assumes that 50 percent of the very low-income housing need is equal to the extremely low-income housing need. As such, there is a projected need for 431 extremely low-income housing units.

Table 3-1 Regional Housing Needs Allocation, Union City (2023-2031) Very Low-Income
Units1

Low-Income Units Moderate-Income
Units
Above ModerateIncome Units Total Units
2023-2031 RHNA 862 496 382 988 2,728
1 Extremely low-income allocation is equal to 50 percent of very low-income allocation (431 units).

Source: Association of Bay Area Governments (ABAG), Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031 (Adopted December 2021).

The proposed project consists of intensifying residential land uses on nine specific sites (Sites LM-7 through LM-9, see Project Description) in the city in conjunction with the update to the 2023-2031 Housing Element to provide enough capacity to meet the RHNA. One of the fundamental purposes of General Plan 2040 is to direct future development in such a way as to minimize the impacts of growth by emphasizing the intensification and reuse of already developed areas, thus minimizing pressure to develop on the remaining open space in the city and directing growth and redevelopment to infill areas, consistent with General Plan 2040 Policy LU-1.2 and Policy LU-1.3, listed below.

Land Use Element Goals and Policies
 Goal LU-1: Strategically support infill development and redevelopment to transform Union City into a distinctive community with a dynamic, transit-oriented city center, attractive shopping and entertainment areas, and thriving and innovative work places.
 Policy LU-1.2: Promote Infill and Enhance Neighborhoods. The City shall promote infill development and redevelopment of underutilized parcels while maintaining or enhancing the positive qualities of the surrounding neighborhoods.

City Council/RSA Agenda 268 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-17  Policy LU-1.3: Strategic Infill Areas. The City shall encourage redevelopment and infill in strategic areas, including the Historic Alvarado District along Union City Boulevard, Union Landing, the Greater Station District, and Mission Boulevard.

The General Plan EIR projects that approximately 15 housing units would be demolished as a result of development facilitated under the 2040 General Plan. Site LM-9 (Whipple/Cemex Site) is the only site within this project that currently has an existing dwelling unit on the property. The loss of one single-family unit would not be substantial, especially considering that buildout of the site under the proposed new zoning designation of RM 1500 (17-30 du/acre) could result in up to 156 new dwelling units. Because the number of potential new dwelling units would far exceed the number potentially removed units, and because all future development on Sites LM-7 through LM-9 would comply with the policies of the 2040 General Plan, promoting infill development and preservation of existing neighborhoods, impacts related to displacement of existing residents would be consistent with the analysis and conclusion of the General Plan EIR.

Also, as described above, the proposed project increases residential capacity to meet the projected need identified in the RHNA. Therefore, it would accommodate, rather than induce, population growth. Therefore, the proposed project would be consistent with the analysis and conclusion of the General Plan EIR.

With the project’s approval, the impact on population and housing would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 269 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-18 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance

3.9 PUBLIC SERVICES AND RECREATION
The General Plan EIR indicated that there would be less than significant impacts related to the construction of fire and police protection facilities, school facilities, libraries, and park facilities. The General Plan EIR found that development facilitated by the 2040 General Plan would increase the overall population in Union City, which would generate additional need for fire protection, and police protection services. With an increase in the population, there would be a subsequent increase in the population of school-aged children in the city, increasing demand for school services and potentially creating the need for new school facilities. The increase in population from implementing the 2040 General Plan would further increase the demand for library services and potentially the need for new library facilities in addition to increased demand for parks with the potential need for new park facilities.

The 2040 General Plan contain a number of goals and associated policies, listed below, for providing adequate and needed public and recreational services in Union City. Additionally, the Special Areas Element and Health and Quality of Life Element includes goals and policies related to parks and recreation. Adherence to the policies includes in the 2040 General Plan would reduce related impacts to less than significant.

Public Facilities and Services Element Goals and Policies  Goal PF-1: Ensure the timely provision of public facilities and services that are adequately funded to meet the needs of existing and future city residents.
 Policy PF-1.1: Ensure Adequate Facilities and Services. The City shall ensure through the development review process that adequate public facilities and services are available to serve new development when required.

The City shall not approve new development where existing facilities are inadequate to support the project unless the applicant can demonstrate that all necessary public facilities (including water service, sewer service, storm drainage, transportation, police and fire protection services) will be installed or adequately financed and maintained (through fees, special taxes, assessments, or other mean).  Policy PF-1.2: On-site and Off-site Infrastructure. The City shall require all new development and major modifications to existing development to construct necessary onsite and off-site infrastructure to serve the project in accordance with City standards.
 Policy PF-1.3: Development Fair Share. The City shall require, to the extent legally possible, that new development or major modification to existing development pays the fair share cost of providing new public facilities and services and/or the cost for upgrading existing facilities.  Goal PF-9: Provide exceptional public safety and crime reduction services to maintain a safe and secure community, and continue to uphold police-community trust, engagement, and collaboration.  Policy PF-9.1: Police Staffing. The City shall strive to maintain Police Department staffing levels in line with population growth by using a baseline staffing benchmark based on the average staffing-to-population ratio of cities within Alameda County (sworn officers and civilian support staff).  Policy PF-9.2: Police Equipment and Facilities. The Police Department shall provide and maintain equipment, technologies, and facilities to meet modern standards of safety, dependability, and efficiency.  Policy PF-9.6: Coordinate Emergency Response Services with Local Agencies. The City should continue to coordinate and maintain mutual aid agreements with emergency response services with Alameda County, other jurisdictions within the county, special districts, service agencies, voluntary organizations, and state and federal agencies.
 Policy PF-9.8: Provide Periodic Updates on Police Statistics. The City shall continue to provide updates to the City Council and the community regarding statistics such as crime rates, types of crime committed, and police accountability and use of force. Crime data shall also be mapped and made available to the public.  Goal PF-10: Ensure high quality fire and emergency response to prevent injury, loss of life, and property damage.

City Council/RSA Agenda 270 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-19  Policy PF-10.1: Maintain Agreement with Alameda County Fire Department (ACFD). The City shall review and refine the agreement with ACFD, as needed. Levels of service provided under the contract, may be subject to budgetary limitations.
 Policy PF-10.2: Fire Department Resources. The City shall encourage ACFD to evaluate operations and deployment of services to efficiently use resources.
 Policy PF-10.3: Development Fees. The City shall require new development to build or fund its fair share of fire protection facilities, personnel, operations, and maintenance that, at minimum, maintains the above service standards.
 Policy PF-10.5: Fire Department Review of Development Projects. The City shall engage fire personnel in the review of proposed development to identify necessary fire prevention and risk reduction measures.  Policy PF-10.7: Routine Fire Hydrant Maintenance. The City shall continue to work with ACWD to ensure that all fire hydrants are maintained and in a state of operational readiness.  Policy PF-10.8: Emergency Medical Services. The City shall ensure the provision of high-quality emergency medical response services, including paramedics and emergency medical technicians.  Policy PF-10.9: Coordinate Emergency Response Services with Local Agencies. The City should continue to coordinate and maintain mutual aid agreements with emergency response providers from local, State, and federal fire agencies.
 Goal PF-11: Ensure excellent schools that provide high-quality educational services, foster civic pride, and serve as neighborhood and community centers.
 Policy PF-11.1: High-Quality Education Facilities. The City shall support New Haven Unified School District (NHUSD) in their efforts to provide high-quality and modern education facilities that will accommodate projected changes in student enrollment.
 Policy PF-11.2: Monitor School Enrollment Trends. The City shall work cooperatively with NHUSD in monitoring housing, population, and school enrollment trends.  Policy PF-11.3: Engage NHUSD on Long Range Planning Efforts. The City shall engage NHUSD in its longrange planning efforts to ensure the adequacy of existing school facilities to serve new development.  Goal PF-12: Enhance and expand Union City’s library facilities and services to meet the educational and life-long learning needs of the community.
 PF-12.1: Library Modernization. The City shall work with Alameda County Library to implement the 2016 Facilities Master Plan as it applies to Union City.
 PF-12.2: Extended Library Hours. The City should encourage, and fund extended hours of operation at the library to serve the City’s diverse population.
 PF-12.3: Library Accessibility. The City shall ensure that library facilities are easily accessible by foot, bicycle, and transit to promote equitable access to library resources.  PF-12.4: Support Library Bond Measures. The City shall support State and local library infrastructure bond measures for the construction of new libraries.

Safety Element Goals and Policies
 Goal S-4: To provide increased fire safety through the provision of adequate fire protection infrastructures, public education, and outreach programs.
 Policy S-4.1: Time Future Development to Ensure Adequate Fire Infrastructure. The City shall not approve new development unless the development will be protected by adequate fire control facilities and equipment by the time of occupancy.

City Council/RSA Agenda 271 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-20 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance  Policy S-4.2: Require Sprinkler Systems and Smoke Detectors. The City shall require sprinkler systems and/or smoke detectors according to the adopted City building and fire codes.

Special Areas Element Goals and Policies
 Goal SA-2: To develop the core of the Station District surrounding the Intermodal Station as a major transit hub, business center, and residential address that is well connected with the rest of the City.  Policy SA-2.2: Strong Public Spaces. The City shall ensure that the Core Station District includes strong public spaces, including inviting parks, plazas, and community gathering places, which are integrated with ground floor retail uses and complement the Intermodal Station.  Goal SA-4: To transform the Station East area into a vibrant, 21st century employment district that is a center of prosperity and innovation, focused on providing a quality experience for those who live and work in Union City.  Policy SA-4.22: Parkland and Public Spaces. New residential development within the Station East area shall contribute its fair share towards the development of parkland. The City shall consider allowing plazas, civic spaces, and other gathering spaces that contribute to the public realm as a contribution towards meeting parkland requirements. Recreational pathways may also be considered.  Goal SA-5: To provide for a variety of housing opportunities and create additional open space and park opportunities along the East-West Connector site that will serve as a new gateway to Union City.  Policy SA-5.4: Provide a City Park. The City shall seek to provide a new City park on the Gateway Site that is adequate in size to accommodate sports activities, such as soccer and/or baseball. Any new residential development on the Gateway Site shall contribute its fair share to park improvements. The City shall consider locating the park so that it buffers residential uses from the East-West Connector and provides recreation facilities to serve the neighborhood and the community as space allows.  Policy SA-5.5: Purchase Remnant Lands to Connect to Arroyo Park. The City shall make efforts to acquire from Caltrans remnant lands from the East-West Connector to expand access to Arroyo Park.

Health and Quality of Life Element Goals and Policies
 Goal HQL-2: Maintain, expand, and improve Union City’s parks and recreation facilities to meet existing and future needs.
 Policy HQL-2.1: Increase Parkland. The City shall strive to strive to increase the number and/or size of neighborhood and/or community parks.
 Policy HQL-2.2: Parkland Dedication for Ownership Housing. The City shall require new residential subdivisions (i.e., ownership housing) to dedicate parkland at a ratio of 3.0 acres per 1,000 new residents or pay an equivalent in-lieu fee to offset the increase in park needs resulting from new residents. Where on-site parkland is dedicated, it shall be improved by the developer and accessible to the general public. The City may use in-lieu fees to purchase land for new parks or to renovate or expand existing parks and recreation facilities.
 Policy HQL-2.3: Park Impact Fees for Rental Housing. The City shall continue to collect Park Facilities Fees on new multifamily rental housing to offset the increase in park needs resulting from new residents. Park Facilities Fees shall only be used to build new parks.
 Policy HQL-2.4: Acquire New Land for Parks and Recreational Facilities. The City shall strive to meet growing recreational needs of residents and their neighborhoods through the acquisition of land for the addition of new parks and recreation facilities.
 Policy HQL-2.7: Park and Recreation Master Plan. The City shall comprehensively update the Parks and Recreation Master Plan to take inventory of existing parks and recreational facilities; evaluate the recreational City Council/RSA Agenda 272 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-21 needs of Union City residents, workers, and visitors; and set priorities for the improvement of existing parks and development of new parks to accommodate the diverse needs of existing and future users.  Policy HQL-2.8: Creative Approaches to Providing Parks and Open Space. The City shall encourage creative approaches to expand parks and open space in the city, including the development of plazas, courtyards, pocket parks, parklets, pedestrian promenades, community gardens, rooftop patios, and civic spaces.  Policy HQL-2.9: School Collaboration to Maximize Access to Recreational Facilities. The City shall collaborate with the New Haven Unified School District to maximize public access to school recreational facilities and grounds, as appropriate.
 Policy HQL-2.14: Promote Park Stewardship. The City shall promote pride of ownership in local parks by involving residents and neighborhood groups in park maintenance and improvements, recreation programs, community outreach, and special events.
 Policy HQL-2.16: Collaborate to Expand Regional Parks. The City shall collaborate with the East Bay Regional Park District, Alameda County Flood Control District, and other regional agencies to expand access to regional parks and open space in and around Union City, promote greater public awareness of regional parkland, and improve access to regional park facilities.  Policy HQL-2.17: Support Expansion of Regional Trail System. The City shall support the expansion of a regional trail system in and around Union City, including the Bay Trail and the Ridge Trail. The City shall work with the appropriate regional agencies to improve access from Union City neighborhoods to these trails by improving existing trails, and developing new trail connections, bike lanes, parking, and signage.

The proposed project consists of increasing residential capacity on nine specific sites. The project would facilitate development within areas of Union City that are currently developed. Consistent with the 2040 General Plan Policy PF-10.2, as future buildout occurs under the 2040 General Plan, the City will evaluate operations and deployment of services to efficiently use resources. Additionally, new development under buildout of the 2040 General Plan would be required to comply with all applicable federal, State, and local regulations governing the provision of fire protection services, including adequate fire access, fire flows, and number of hydrants. The additional population in Union City would also increase the demand for police protection services. The League of California Cities recommends a police service ratio standard of 1.4 to 1.6 sworn officers per 1,000 residents. The addition of 11,486 residents through the year 2040, reaching a total of 84,477 residents, would require the City to employ a total of 119 sworn officers, in order to meet the police service ratio of at least 1.4 police officers per 1,000 residents. According to the General Plan EIR, the City would need to incrementally increase their police services by 38 sworn officers through the year 2040, which could require the construction of a new facility to house subsequent personnel, equipment, and vehicles (Union City 2019a: 4.13-9).

Goals PF-1 and PF-9 as well as Policies PF-1.1, 1.2, 1,3, 9.1, and 9.2 of the 2040 General Plan are aimed at maintaining level of service through coordinating infrastructure and public services planning efforts between the City, developers and other provider agencies. Policy 9.6, Coordinate Emergency Response Services with Local Agencies, ensures that the City provides appropriate emergency response services for the community. Policy 10.5, Fire Department Review of Development Projects, calls for the city to review all new development proposals that have potential for safety concerns and may affect demand for fire prevention and protection to maintain adequate fire services and community safety. Policy 10.8, Emergency Medical Services, ensures that the City provides appropriate emergency medical response services for the community. These policies would allow for the City to continue to provide emergency and medical services and to ensure adequate police and fire service available under future development and associated population growth.

NHUSD utilizes the student generation rate of 0.7 per single family residence, consistent with the rate set by the State of California Office of Public School Construction to estimate future facility needs. Assuming each single-family residence houses one household, 3,021 new students will be added to Union City by 2040 under implementation of the 2040 General Plan. These additional students would increase enrollment in schools in Union City, potentially City Council/RSA Agenda 273 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-22 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance requiring the construction of new or expansion of existing school facilities. Policies from the Public Facilities and Services Element of the 2040 General Plan would ensure that the City and NHUSD coordinate on long range planning efforts to accommodate future growth. Furthermore, developers are required to pay school impact fees for all new development in Union City.

Goal PF-12 and Policies PF-12.1, 12.2, 12.3, and 12.4, listed above, support the City’s collaboration with Alameda County to provide adequate library facilities and ensure that funding is available for infrastructure to meet the needs of the proposed growth through 2040. Regarding the potential demand for new parks and park facilities, the Union City Municipal Code requires any project that includes a residential subdivision to provide three acres of property (or an equivalent in-lieu fee) for every additional one thousand residents that the project will generate to be devoted to neighborhood and community parks. Fees and dedication of parkland would assist in providing sufficient facilities to meet the needs of the projected City population in 2040.

Future housing projects would continue to be reviewed through the City’s development standards, entitlement process, and the CEQA process to ensure consistency with all relevant federal and State policies and consistency with all relevant County General Plan policies related to public services and recreation facilities.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impacts on public services and recreation would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 274 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-23

3.10 TRANSPORTATION
The General Plan EIR indicated that the 2040 General Plan would be inconsistent with CEQA Guidelines Section 15064.3, subdivision (B) and have significant and unavoidable impacts on vehicle miles travelled (VMT) in Union City.

New development would also have significant and unavoidable impacts on traffic on roadways in and surrounding the city. Additionally, the General Plan EIR indicated that the 2040 General Plan would have less than significant impacts related to the provision of emergency access; and conflicts with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, and the performance or safety of such facilities.

With limited opportunities for new development in Union City, the 2040 General Plan emphasizes infill and reuse development within the city limits, encourages higher-density and mixed use projects where appropriate, and supports walkable design that compliments the existing natural and built environment to reduce VMT per service population. The 2040 General Plan further provides the policy framework to guide future development toward land uses that support walking, biking, and transit ridership, including a Vision Zero policy. The 2040 General Plan places a greater emphasis on active transportation infrastructure such as protected bike lanes and enhanced pedestrian crossings, improved transit facilities and services, and ADA accessibility. In addition to the 2040 General Plan’s land use strategy, the 2040 General Plan contains several policies and implementation programs intended to minimize or avoid VMT generated by Union City residents. While the 2040 General Plan encourages infill development and redevelopment in urbanized areas of the city, including near transit and the BART station, the additional population growth would result in a net increase in the total VMT within the city.

The 2040 General Plan establishes the following goals and policies that are intended to result in roadway designs that safely accommodate all users:

Mobility Element Goals and Policies
 Goal M-1: Design and maintain streets to be safe and accessible for all categories of users.  Policy M-1.3: Planning for Complete Streets. The City shall incorporate “complete streets” practices as a routine part of everyday operations, and a factor to be considered in every projects, program, and practice relating to the transportation network for all categories of users, and work in coordination with other departments, agencies, and jurisdictions to maximize opportunities for complete streets, connectivity, and cooperation.
 Policy M-1.4: Safe Travel for All Users. The City shall ensure complete streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users is incorporated into all planning, funding, design, approval, and implementation process for any construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets, except that specific infrastructure for a given category of users may be excluded if an exception is approved by the Public Works Director.  Goal M-2: To provide a robust and interconnected bicycle and pedestrian circulation system throughout the City.  Policy M-2.9: Safe Pedestrian Environment. The City shall implement improvements to create a safe pedestrian environment.
 Policy M-2.11: Minimize Cub Cuts. The City shall require new development to minimize the number and width of curb cuts for vehicle traffic to reduce vehicle conflicts with pedestrians.  Policy M-2.12: Safety in Sidewalk Design. The City shall prioritize safety in the design of sidewalk improvements along major arterials, including separating sidewalks from vehicle travel lanes where possible.  Goal M-4: Establish a safe, convenient, and efficient street network that facilitates vehicle travel throughout Union City.
 Policy M-4.5: Require Projects to Address Transportation Impacts. The City shall require developers to address the impacts that their projects will have on the City’s transportation system and implement all feasible mitigation measures, including impact fees, street improvements, traffic signal and intelligent City Council/RSA Agenda 275 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-24 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance transportation systems improvements, transportation demand management, and improvement of nonautomobile transportation modes.  Policy M-4.6: Transportation Impact Fee and Other Funding. The City shall establish a transportation impact fee to ensure new development pays its fair share contributions to transportation improvements and shall continue to explore other funding sources to assist large-scale capital projects.  Policy M-4.11: Support Quarry Lakes Parkway. The City shall pursue the timely construction of Quarry Lakes Parkway as a partially depressed and at grade parkway from Mission Boulevard to Interstate 880 to resolve current circulation deficiencies, improve the area’s regional access and visibility, and stimulate the market for region serving retail, light industrial/ service commercial, and office uses.  Policy M-4.14: Dyer Street Extension. The City shall plan for the extension of Dyer Street to link the Calaveras Landing and Union Landing shopping centers.

The project includes the rezoning/redesignation of nine sites in the General Plan to increase residential capacity. The proposed project would result only in changes to the allowed land use type and intensity of these sites and would not involve changes related to the future site design, access, or circulation and would therefore not result in changes to the Draft EIR’s analysis and conclusion related to hazardous design features, inadequate emergency access, or conflicts with a program, plan, ordinance or policy addressing the circulation system.

Increasing residential density in urbanized areas that are well-served by transit and/or within existing employmentrich areas, generally results in a reduction of VMT and impacts on transportation in the city by promoting the enhancement of connectivity (Union City, 2019a). Therefore, the proposed project would not result in an increase in the severity of the impact related to VMT efficiency compared to the level evaluated in the General Plan EIR. No substantial changes would occur beyond what was addressed in the General Plan EIR that would substantially alter city-wide anticipated under the General Plan. Development would be consistent with regulations pertaining to transportation.

Future housing projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to transportation.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on transportation would not be more severe than the impact identified in the General Plan EIR. Increasing residential density in urbanized areas that are well-served by transit and/or within existing employment-rich areas, generally results in a reduction of VMT; therefore, there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 276 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-25

3.11 UTILITIES AND SERVICE SYSTEMS
The General Plan EIR indicated that there would be less than significant impacts related to wastewater treatment, new or expanded utility infrastructure, wastewater generation, water supply, solid waste generation, and demand for utility services.

The project includes redesignating nine sites in the city to intensify land uses and allow residential development, which could result in physical changes affecting construction of new utility infrastructure, water supply, wastewater treatment capacity, generation of solid waste, or compliance with solid waste regulations beyond what was addressed in the General Plan EIR. Please refer to Chapter 2, “Project Description,” which summarizes the types of changes contemplated with the site redesignation.

It is assumed that future development on the individual sites would be consistent with regulations pertaining to utilities and service systems, and impacts would be of similar type and severity as what could occur under the current zoning district and land use designation.

As described in the Public Review Draft of the 2023-2031 Housing Element, availability of infrastructure is not expected to pose a constraint on residential development within the time frame of the Housing Element. The following paragraphs summarize the status of each of those services essential to residential development.  Water. Union City is served by the Alameda County Water District (ACWD), which obtains its water supply from both surface water and ground water sources. The district's service area also includes Fremont and Newark and covers a total area of 105 square miles. As of 2020 the population within the district’s service area was about 357,000, and according to ABAG/MTC projections in Plan Bay Area 2050, the population is expected to grow to about 371,000 by 2030 and 387,000 by 2040. Sixty-seven percent of supplies are used by residential customers, with the remainder used by commercial, industrial, institutional, and dedicated landscape customers.

Long-range water planning for the ACWD service area is provided in the 2020-2025 Urban Water Management Plan (UWMP). Due primarily to water conservation efforts and plumbing code advancements, the District anticipates reduced future demands for water compared to previous forecasts as well as in comparison to demonstrated past levels of actual demand. These reductions in total demand come despite a net increase in population and total housing per City and ABAG projections. Based on the analysis if the UWMP, ACWD has sufficient supply (estimated at around 68,200-acre feet/year+/-) to meet projects demands through 2045 (estimated at 67,600-acre feet per year).

Although the ACWD has no control on water service hookups, there are no constraints on providing service in its service area relative to pipe sizes, age of pipes, or other infrastructure issues (Union City 2022).  Sewer. The Union Sanitary District (USD) operates a 33-acre wastewater treatment facility in Union City and provide wastewater collection, treatment, and disposal services to residents in Union City, Fremont, and Newark.

The treatment facility has undergone several upgrades and expansions as these cities have grown. The District maintains over 830 miles of underground pipeline in its service area. On average the District treats approximately 25 million gallons per day (MGD) out of its permitted plant capacity of 33 MGD. The Union Sanitary District has capacity to meet the projected housing needs through the Housing Element Planning Period. All of the sites in the sites inventory for the Draft 2023-2031 Housing Element, including sites LM-7 through LM-15, have adequate sewer access (Union City 2022).
 Solid Waste. Republic, a private company, is responsible for the collection of all municipal solid waste generated in Union City. Republic collection vehicles deliver the material to the Fremont Recycling and Transfer Station in Fremont, California. The solid waste is then transferred onto larger trucks and transported to the Altamont Landfill and Resource Recovery Facility, located 48 miles east of Union City in Livermore, California. A disposal agreement with Waste Management, owner/operator of the Altamont Landfill, ensures long-term disposal capacity at the landfill for Union City and neighboring jurisdictions. As stated in the General Plan EIR, solid waste generated by the population of Union City would account for less than 0.1 percent of the permitted daily capacity City Council/RSA Agenda 277 Tuesday, November 8, 2022
EIR Conformity Evaluation Ascent Environmental
Union City
3-26 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance of the landfill therefore, the Altamont Landfill has sufficient capacity to accommodate the solid waste disposal needs that would be anticipated from the growth envisioned in the 2040 General Plan (Union City 2019a: 4.16-21).  Dry Utilities. Electricity and gas are provided to Union City by Pacific Gas and Electric (PG&E). Telephone, cable and broadband services are provided by a variety of services providers, including AT&T, Comcast, and Verizon.

All of the sites identified in the Draft 2023-2031 Housing Element inventory, including sites LM-7 through LM-15, have adequate access to dry utilities (Union City 2022).

Future housing projects will continue to be reviewed through the City’s entitlement process and CEQA to ensure consistency with all relevant federal and State policies and consistency with all relevant City General Plan policies related to utilities.

No substantial changes in circumstances have occurred, nor has any new information of substantial importance been identified requiring new analysis or verification. With the project’s approval, the impact on utilities and service systems would not be more severe than the impact identified in the General Plan EIR, and there would be no new impacts beyond what the EIR evaluated.

City Council/RSA Agenda 278 Tuesday, November 8, 2022
Ascent Environmental EIR Conformity Evaluation
Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 3-27 This page intentionally left blank.

City Council/RSA Agenda 279 Tuesday, November 8, 2022
City Council/RSA Agenda 280 Tuesday, November 8, 2022
Ascent Environmental List of Preparers and Persons Consulted City of Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 4-1 4 LIST OF PREPARERS AND PERSONS CONSULTED

4.1 LIST OF PREPARERS
City Staff
Carmela Campbell…………………………………………………………………..………… Economic and Community Development Director Derek Farmer…………………………………………………………………………………………..……………………………………………. Planning Manager Francisco Gomez…………………………………….………………………………………………. Housing & Community Development Manager Coleman Frick……………………………………………………………………………………………………………………………………………… Senior Planner Ascent Environmental
Mike Parker, AICP .......................................................................................................................................................... Principal-in-Charge Chelsey Payne, AICP .................................................................................................................... Urban Design and Planning Director Heidi Gen Kuong, AICP ..................................................................................................................................................... Project Manager Rebecca Pope ....................................................................................................................................................................................... Planner

City Council/RSA Agenda 281 Tuesday, November 8, 2022
List of Preparers and Persons Consulted Ascent Environmental Union City
4-2 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance This page intentionally left blank.

City Council/RSA Agenda 282 Tuesday, November 8, 2022
Ascent Environmental References
City of Union City
Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance 5-1 5 REFERENCES
Association of Bay Area Governments. 2022 (March). Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031. Available: https://abag.ca.gov/tools-resources/digitallibrary/finalrhnaallocationreport2023-2031-approved0pdf. Accessed: September 2022.

ABAG. See Association of Bay Area Governments.

California Air Resources Board. 2022 (May). Draft 2022 Scoping Plan Update. Appendix D: Local Actions. Available:
https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed September 2022. ——. 2022 (May). Draft 2022 Scoping Plan Update. Appendix E: Sustainable and Equitable Communities. Available:
https://ww2.arb.ca.gov/resources/documents/2022-scoping-plan-documents. Accessed September 2022.

CARB. See California Air Resources Board.

City of Union City. 2019a (June). 2040 Union City General Plan Update Draft Environmental Impact Report. Available:
https://www.unioncity.org/356/General-Plan. Accessed: September 2022. ——. 2019b (November). 2040 Union City General Plan Update Final Environmental Impact Report. Available:
https://www.unioncity.org/356/General-Plan. Accessed: September 2022. ——. 2022 (July). Revised Public Review Draft Housing Element 2023-2031. Available:
https://www.unioncity.org/604/Housing-and-Safety-Element-Update. Accessed: September 2022.

Mintier Harnish. 2018. Union City General Plan Update Buildout Methodology Memorandum [draft]. September 20, 2018.

City Council/RSA Agenda 283 Tuesday, November 8, 2022
References Ascent Environmental
Union City
5-2 Housing-Related Amendments to the Union City 2040 General Plan and Zoning Ordinance This page intentionally left blank.

City Council/RSA Agenda 284 Tuesday, November 8, 2022
ATTACHMENT 2
CITY COUNCIL RESOLUTION NUMBER XXXX-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING GENERAL PLAN AMENDMENT, AG-22-003, ASSOCIATED WITH THE DRAFT 2023-2031 HOUSING ELEMENT
WHEREAS, by Resolution No. 5549-19, duly adopted by the City Council of Union City on December 10, 2019, there was adopted documents consisting of text, maps, and charts, entitled Union City 2040 General Plan, dated December 10, 2019, which included the reports in support thereof as the General Plan of Union City; and
WHEREAS, the Housing Element is a mandatory element of the General Plan required to be updated every eight years; and
WHEREAS, the State of California Government Code Section 65588 requires the review and adoption of a Housing Element that may be updated according to the Association of Bay Area Governments Regional Housing Needs Assessment (“RHNA”) planning cycle; and WHEREAS, the City is required to report to the State Department of Housing and Community Development (“HCD”) on how the RNHA can be accommodated within the planning period; and
WHEREAS, the City has prepared a draft 2023-2031 Union City Housing Element (“Draft Housing Element”) for the sixth cycle planning period; and WHEREAS, the Draft Housing Element evaluates housing needs and issues in the City for all income levels, and contains goals, policies, objectives, implementation programs, and an inventory of opportunity sites; and
WHEREAS, amendments to the General Plan, Zoning Ordinance, and Zoning Map are required to be adopted in advance of certification of the Housing Element in order for the City to accommodate its RHNA by January 31, 2023 of 2,728 housing units, including 1,358 lowerincome units; and WHEREAS, amendments to the General Plan (AG-22-003) are proposed for consistency with the Draft Housing Element and include the following components:
 Land Use Element: amending Figure LU-1, removing a reference to Program SA7A, and removing Policy LU-5.9; and  Special Areas Element: amending Figure SA-1, amending Figure SA-7.1, amending Policy SA-7.3, removing Program SA-7.A, amending Figure SA-11.1, and amending Figure SA-11.2; and
 Economic Development Element: modifications to Policy ED-1.4 and Program ED-1.B; and
WHEREAS, amendments to Title 18, Zoning, (AT-22-006) are proposed for consistency with the Draft Housing Element; and
City Council/RSA Agenda 285 Tuesday, November 8, 2022
City Council Resolution No. #__-22
AG-22-003