AGENDA
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, January 10, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
This meeting will also be held via teleconference. To access meeting please see teleconference guidelines.
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
Mayor Carol Dutra-Vernaci
Vice Mayor Gary Singh
Councilmember Jaime Patiño
Councilmember Scott Sakakihara
Councilmember Jeff Wang
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Proclamations in Recognition of Union City's Employee of the Year Recipients for 2022
3.b. Introduction Of NewAnd Promoted Employees
3.c. Presentation From Alameda County Mosquito Abatement District
4. ORAL COMMUNICATIONS
City Council/RSA Agenda 1 Tuesday, January 10, 2023
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.
Members of the public who wish to speak to the Council under the first Oral Communications section are requested to complete a speaker card, giving their name and city of residence. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.
4.a. Submitted Written Comment- Wallace
5. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered routine in nature and will be enacted by one motion. If discussion is required on a specific item, it will be removed from the Consent Calendar and considered separately.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approve The Minutes Of The City Council Meeting Held On December 13, 2022
5.c. Adopt A Resolution Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Authorizing Remote Teleconferenced Meetings Of The Legislative Bodies Of The City Of Union City For The 30 Day Period Beginning January 10 Pursuant To AB 361
5.d. Adopt A Resolution Accepting A Hazard Mitigation Grant Program (HMGP) Award, In The Amount Of $300,345, From
The Federal Emergency Management Agency (FEMA), U.S.
Department Of Homeland Security, Application No. Dr-4344- 375-029F, For The Final Design And Construction Of The
Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17; Increasing The Revenue Projection In The Capital Projects Fund (Fund 4100) By $278,070; And Appropriating $160,000 From The Capital Facilities Improvement Fund (Fund 4110) As The Required Local Match, For A Total Project Cost Of $460,345
5.e. Adopt A Resolution Approving An Amendment To The City’s Classification & Compensation Plan For Unrepresented Police Department Positions In Conformance With California Code Of City Council/RSA Agenda 2 Tuesday, January 10, 2023
Regulations, Title 2, Section 570.5
5.f. Adopt A Resolution Awarding A Contract To Gillig, LLC (Livermore, CA) For The Purchase Of Fourteen (14) Battery Electric Thirty-Five Foot (35') Heavy-Duty Fixed-Route Transit Vehicles (Buses) Through The Washington State Department of Enterprise Services (WADES) Master Contract No. 06719, In The Amount Of $16,516,360; Authorizing The City Manager To Execute The Contract In A Form Approved By The City
Attorney; And Appropriating $9,316,360 To City Project No. 21- 08 6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Informational Progress Report On The City's Strategic Plan, FY 2019-20 through FY 2024-25, and City Council Priorities
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
14. CLOSED SESSION - None
15. ADJOURNMENT
A complete agenda packet is available for review at City Hall or on our website www.unioncity.org
Any writings or documents provided to a majority of City Council members regarding any item on this agenda will be made available for public inspection at the City Clerk's Counter at City Hall, located at 34009 Alvarado-Niles Road, Union City, California, during normal business hours.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990.
Interested person must request the accommodation at least two working days in advance of the meeting by contacting the City Clerk at (510) 675- 5348.
TELECONFERENCING GUIDELINES FOR THE CITY OF UNION CITY REGULAR COUNCIL
MEETING
COVID-19 Notice: Consistent with State of California Executive Order No. 29-20 dated March 17, City Council/RSA Agenda 3 Tuesday, January 10, 2023
2020, the City Council will be participating in public meetings via phone/video conferencing. The City Council Chambers will not be open to the public. Members of the public can observe and address the Council using the below technological processes.
How to watch the meeting remotely:
1. Comcast TV Channel 15 (UCTV 15)
2. Live stream https: https://www.unioncity.org/199/City-Meetings-Video How to Address Council:
Written Comment: To provide written comment on an item on the agenda or to address the Council about an issue during Public Comment, you may send an email to [email protected]. Please include the phrase "public comment" in the subject line and note the agenda item number that you want to address. Written comments received before 3:00 p.m. will be e-mailed to the City Council and made publicly available. Comments received after 3:00 p.m. will be read into the record for up to the first 300 words (approximately 3 minutes consistent with the time limit provided for public speakers) and added to the official record.
Public Comment via Teleconference: Members of the public may address the Council on a matter on the agenda or during the Public Input portion of the meeting. Raise your virtual hand to notify the host that you would like to speak during that portion.
Instructions on Raising your Hand in Zoom Webinar:
1.Click Raise Hand in the webinar controls. The host will be notified that you've raised your hand.
2.If the host allows you to talk, you may be prompted to unmute yourself. While unmuted, your profile picture and name is displayed to the host and panelists. Only your name is displayed to other attendees.
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Zoom Shortcuts:
Windows: You can also use the AltY keyboard shortcut to raise or lower your hand.
Mac: You can also use the OptionY keyboard shortcut to raise or lower your hand.
Please click the link below to join the webinar:
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Passcode: Mr6%qH6P
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
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ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Council/RSA Agenda 4 Tuesday, January 10, 2023
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting. 3511412.1
City Council/RSA Agenda 5 Tuesday, January 10, 2023
Agenda Item
ATTACHMENTS:
Description Type
EOYPW/CRS - Joel Molero Attachment
EOYGeneral Services - Letty Tolberson Attachment
EOYPublic Safety - Terrence Olson Attachment
Presentation Attachment
City Council/RSA Agenda 6 Tuesday, January 10, 2023
CITY OF UNION CITY
PROCLAMATION
In Recognition of Joel Melero,
Public Works Maintenance and Community and Recreation Services 2022 Employee of the Year
WHEREAS, Joel Melero started his career with the City of Union City and the Public Works Department in later 2019 as a Maintenance I in the Streets Division and immediately displayed his gratitude, excitement, and comradery for his new role of cleaning, sweeping, and maintaining Union City’s major roadway corridors and neighborhood streets along with being part of “Public Works Streets Crew”; and
WHEREAS, in the past three (3) years, Joel’s work ethic and eagerness to learn and develop skills to better understand and operate various types of heavy equipment such as a street sweeper, backhoe, skid loader, stencil truck for pavement striping and vacuum truck for cleaning drainage inlet from debris and leaves as required for street maintenance; and
WHEREAS, Joel’s has taken on the responsibility as a Maintenance II in leading and responding effectively to our residents online Public Works Service Requests such as patching street potholes and repairing uneven sidewalks by meeting with residents when needed, ordering the required materials, and then scheduling the work from completion and close out to resident’s satisfaction in a timely manner; and WHEREAS, Joel is always willing to volunteer for new training opportunities, take on special work assignments, train his fellow city employees on new procedures and respectively communicates to city residents and businesses, sometimes in Spanish to explain and respond to public questions and concerns; and
WHEREAS, Joel projects a positive and productive image for the city by always being honest, approachable, professional and a “can-do” attitude and it is these qualities that make him a well-liked and respected by the city employees from other departments, his managers, and his co-workers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Union City, does hereby express it appreciation to Joel Melero for his service to the City of Union City, and extends to him congratulations for the honor bestowed upon him as the 2022 Public Works Maintenance and Community and Recreation Services Employee of the Year.
DATED: JANAURY 24, 2023
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
GARY SINGH, Vice Mayor
_________________________________________
JAMIE PATINO, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
_________________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 7 Tuesday, January 10, 2023
CITY OF UNION CITY
PROCLAMATION
In Recognition of Leticia “Lety” Tolbertson,
2022 General Government Employee of the Year
WHEREAS, Leticia “Lety” Tolbertson began her career with the City of Union City in the Community and Recreation Services Department in 2009 and has worked in the Finance Department since 2016; and
WHEREAS, in her current capacity as a Finance Specialist III, she is responsible for handling the City's Accounts Payable desk, from which she processes over 4,500 vendor payments per year, totaling over $65M, and ensures that all the City’s bills are paid; and
WHEREAS, Lety has played a key role in the Finance Department’s response to the cyberattack and the COVID-19 pandemic. She has gone above and beyond at a time when the City needed it the most. Relying on her creative problem-solving skills, Lety worked quickly and tirelessly with the Finance team and other departments to develop innovative solutions to support operations during these unprecedented times with little or no disruption of service to the City’s vendors; and
WHEREAS, Lety’s possesses strong organizational and recordkeeping skills that are critical to her job and uses those skills to help improve internal processes and procedures; and
WHEREAS, Lety has also taken on important special projects such as preparing and submitting detailed reimbursement requests to FEMA to enable the City to get reimbursed for many costs related to the City’s response to the COVID-19 pandemic, and being part of the team developing new processes and procedures to comply with SB 1383 - the landfill waste reduction mandate; and
WHEREAS, during Lety's career at the City she has received numerous compliments and accolades from City staff members and vendors on her excellent customer service skills, her pleasant and cheerful attitude and her willingness to help others.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, does hereby express its appreciation to Leticia “Lety” Tolbertson for her service to the City of Union City, and extends to her congratulations for the honor bestowed upon her as the 2022 General Government Employee of the Year.
DATED: JANUARY 10, 2023
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
GARY SINGH, Vice Mayor
_________________________________________
JAIME PATIÑO, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
_________________________________________
JEFFREY WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, January 10, 2023
CITY OF UNION CITY
PROCLAMATION
In Recognition of
K-9 Officer Terrence Olson
Union City Police Department 2022 Employee of the Year
WHEREAS, Terrence demonstrates service from the heart and exhibits unmatched work ethic and professionalism on a regular basis by going above and beyond his regular duties; and
WHEREAS, Terrence has helped to keep Union City safe with his ability to proactively track down and seize illegal firearms. Terrance uses his innate ability along with intelligence-based-policing to locate and arrest some of our region’s most dangerous offenders; and
WHEREAS, Terrence has recovered approximately twenty-five firearms over the last few years with nine of those being recovered in a four-month span. His seizures have included multiple handguns, high-capacity magazines and an assault rifle; and WHEREAS, This is an incredible accomplishment which has undoubtably saved lives (i.e., potential targets, innocent civilians, or police officers). In addition, Terrence is a Field Training Officer where he is mentoring and training our newest officers on his effective proactive strategies.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City does herby express its appreciation to K-9 Officer Terrence Olson for his service to the residents of the City of Union City and extend to him on behalf of the City Council our congratulations on being selected “Public Safety Employee of the Year for 2022”.
DATED: JANAURY 10, 2023
_________________________________________
CAROL DUTRA-VERNACI, Mayor
_________________________________________
GARY SINGH, Vice-Mayor
_________________________________________
JAIME PATINO, Councilmember
_________________________________________
SCOTT SAKAKIHARA, Councilmember
_________________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 9 Tuesday, January 10, 2023
1 Item 3.a
Proclamations in Recognition of
Union City’s Employee of the Year
Recipients for 2022
City Council/RSA Agenda 10 Tuesday, January 10, 2023
2 LETICIA TOLBERTSON
General Government
JOEL MELERO
Public Works &
Community & Recreation
Services
K-9 OFFICER
TERRENCE OLSON
(AND BACON)
Public Safety
City Council/RSA Agenda 11 Tuesday, January 10, 2023
3 Item 3.b
Introduction of
New and Promoted
Employees 2022
City Council/RSA Agenda 12 Tuesday, January 10, 2023
CITY MANAGER’S OFFICE
City Council/RSA Agenda 13 Tuesday, January 10, 2023
5 NEW
Management Analyst I
Serenity Mlay
Deputy City Manager
NEW
Jennifer Phan
City Council/RSA Agenda 14 Tuesday, January 10, 2023
6 PROMOTED
Administrative Specialist
Johanna Ota
Sustainability Analyst II
PROMOTED
Uyen Mai
City Council/RSA Agenda 15 Tuesday, January 10, 2023
COMMUNITY & RECREATION
SERVICES DEPARTMENT
City Council/RSA Agenda 16 Tuesday, January 10, 2023
8 NEW
Office Specialist I to
Case Manager
Yessenia Palomino
Recreation Program
Coordinator
NEW
Elizabeth Cruz
NEW
Recreation Program
Coordinator
Trinity Gerome
City Council/RSA Agenda 17 Tuesday, January 10, 2023
9 PROMOTED
Homeless Program Coordinator
Jesus Garcia Joshua Lacsamana
Administrative Assistant II
PROMOTED
PROMOTED
Administrative Assistant III
Lidia Villalobos
Office Specialist I
PROMOTED
Jessica Vazquez
City Council/RSA Agenda 18 Tuesday, January 10, 2023
ECONOMIC & COMMUNITY
DEVELOPMENT DEPARTMENT
City Council/RSA Agenda 19 Tuesday, January 10, 2023
11 NEW
Senior Planner
Coleman Frick
NEW
Associate Planner
Natalie Dean
Chief Building Official /
Sr. Plans Examiner
NEW
Charles Venook
City Council/RSA Agenda 20 Tuesday, January 10, 2023
FINANCE DEPARTMENT
City Council/RSA Agenda 21 Tuesday, January 10, 2023
13 Senior Accountant
NEW
Kun (Helen) Wu
NEW
Senior Accountant
Jacqueline Mamaril
City Council/RSA Agenda 22 Tuesday, January 10, 2023
HUMAN RESOURCES
DEPARTMENT
City Council/RSA Agenda 23 Tuesday, January 10, 2023
15 NEW
Human Resources Manager
Gizelle Huynh
City Council/RSA Agenda 24 Tuesday, January 10, 2023
INFORMATION TECHNOLOGY
DEPARTMENT
City Council/RSA Agenda 25 Tuesday, January 10, 2023
17 Tech Support Specialist II
NEW
Branden Siu
NEW
Tech Support Specialist II
Carlos Casasola
Esparza
City Council/RSA Agenda 26 Tuesday, January 10, 2023
POLICE DEPARTMENT
City Council/RSA Agenda 27 Tuesday, January 10, 2023
19 Property & Evidence Specialist
NEW
Jaime Selby
NEW
Mariela Lopez
Galaviz
Police Cadet Community Service Aide
Laura Shekari
NEW NEW
Police Officer
Madison
Geldermann
NEW NEW NEW NEW
Police Officer
Benith Lokula David Noorzad George Aguayo Jeno Cornejo
Police Officer Police Officer Police Officer
City Council/RSA Agenda 28 Tuesday, January 10, 2023
20 Police Officer
NEW
Jamal Hammad
NEW
Police Officer
Maxwell Stubbs
NEW
Police Officer
Sergio Contreras
NEW
Police Officer
Aaron Izquierdo
NEW
Jonathan Vasquez
Police Officer
NEW
Police Officer
Sunny Duong
City Council/RSA Agenda 29 Tuesday, January 10, 2023
21 Isaiah Romo
PROMOTED
Police Office Assistant
Cosmin Axenie
Police Officer
PROMOTED
Police Officer
PROMOTED
Kyle Scarborough
Police Sergeant
Matthew Mangan
PROMOTED
Police Sergeant
PROMOTED
Steven Fong Charina Mendoza
Police Office Assistant
PROMOTED
City Council/RSA Agenda 30 Tuesday, January 10, 2023
22 PROMOTED
Ali Sha Ayubzai
Police Officer Recruit II Police Officer Recruit II
Rachel Marra
PROMOTED
Manuel Leon
Police Sergeant
PROMOTED
PROMOTED
Joseph Goodrich
Community Service Aide Police Officer Trainee
Allison Bejar
PROMOTED
Brooke Thayer
Community Service Aide
PROMOTED
City Council/RSA Agenda 31 Tuesday, January 10, 2023
PUBLIC WORKS DEPARTMENT
City Council/RSA Agenda 32 Tuesday, January 10, 2023
24 Public Works Inspector
NEW
Edwin Limpot
Miguel Bedolla
NEW
Maintenance Trainee
Maintenance Trainee
NEW
Lazaro Carrasco
Public Works Inspector to
Lead Construction Inspector
Willard Balisi
NEW
Joaquin Gutierrez
Maintenance Trainee
NEW
NEW
Wai Chee
(Tommy) Cho
Principal Civil Engineer
City Council/RSA Agenda 33 Tuesday, January 10, 2023
25 Engineer III (Civil)
PROMOTED
Trieu Tran
Engineer II (Civil)
PROMOTED
Rongjian (Eddie) Yu
City Council/RSA Agenda 34 Tuesday, January 10, 2023
SENIOR MANGEMENT TEAM
City Council/RSA Agenda 35 Tuesday, January 10, 2023
27 PROMOTED
Community Recreation
Services Director
Corina Hahn
PROMOTED
Director of Human
Resources
Lilybell Nakamura
PROMOTED
Director of Information
Technology
Mario Vallejo
City Council/RSA Agenda 36 Tuesday, January 10, 2023
Agenda Item
ATTACHMENTS:
Description Type
Introduction of New Hires and Promotions to City Council - January 10, 2023
Staff Report
City Council/RSA Agenda 37 Tuesday, January 10, 2023
Agenda Item
DATE: JANUARY 10, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INTRODUCTION OF NEW AND PROMOTED EMPLOYEES
Staff presents the following 2022 new and promoted employees to the Mayor and City Council:
CITY MANAGER’S OFFICE
New Hires:
Serenity Mlay was hired on May 4, 2022 as a Management Analyst I.
Promotions:
Johanna Ota was promoted from Administrative Assistant II to Administrative Specialist – Confidential on March 7, 2022.
Uyen Mai was promoted from Sustainability Analyst I to Sustainability Analyst II on August 8, 2022.
COMMUNITY & RECREATION SERVICES DEPARTMENT
New Hires:
Yessenia Palomino was hired on February 14, 2022 in the Youth and Family Services Division as an Office Specialist I.
Elizabeth Cruz was hired on February 28, 2022 as a Recreation Program Coordinator. Trinity Gerome was hired on June 6, 2022 as a Recreation Program Coordinator.
Promotions:
Jesus Garcia was promoted from Recreation Program Coordinator to Homeless Program Coordinator on May 30, 2022.
Joshua Lacsamana promoted from Office Specialist III to Administrative Assistant II on May 30, 2022.
Lidia Villalobos was promoted from Administrative Assistant II to Administrative Assistant III on August 8, 2022.
City Council/RSA Agenda 38 Tuesday, January 10, 2023
Jessica Vazquez was promoted from Community and Recreation Services Program Manager to Office Specialist I on August 22, 2022.
Yessenia Palomino was promoted from Office Specialist I to Case Manager on September 19, 2022.
ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT
New Hires:
Coleman Frick was hired on January 18, 2022 as a Senior Planner. Natalie Dean was hired on February 2, 2022 as an Associate Planner. Charles Venook was hired on December 13, 2022 as a Chief Building Official/Sr. Plans Examiner.
FINANCE DEPARTMENT
New Hires:
Jacqueline Mamaril was hired on May 2, 2022 as a Senior Accountant. Kun (Helen) Wu was hired on May 23, 2022 as a Senior Accountant.
HUMAN RESOURCES DEPARTMENT
New Hires:
Gizelle Huynh was hired on August 29, 2022 as a Human Resources Manager.
INFORMATION TECHNOLOGY DEPARTMENT
New Hires:
Carlos Casasola Esparza was hired on November 7, 2022 as a Technical Support Specialist II.
Branden Siu was hired on December 5, 2022 as a Technical Support Specialist II.
POLICE DEPARTMENT
New Hires:
Madison Geldermann was hired on January 10, 2022 as a Police Officer Trainee. Jaime Selby was hired on January 24, 2022 as a Property & Evidence Specialist. Mariela Lopez Galaviz was hired on January 24, 2022 as a Police Cadet. Laura Shekari was hired on January 25, 2022 as a Community Service Aide.
City Council/RSA Agenda 39 Tuesday, January 10, 2023
Benith Lokula was hired on June 1, 2022 as a Police Officer Trainee. David Noorzad was hired on August 1, 2022 as a Police Officer Trainee. George Aguayo was hired on August 1, 2022 as a Police Officer Trainee. Jeno Cornejo was hired on August 1, 2022 as a Police Officer Trainee. Maxwell Stubbs was hired on August 1, 2022 as a Police Officer Trainee. Sergio Contreras was hired on August 1, 2022 as a Police Officer Trainee. Jamal Hammad was hired on October 3, 2022 as a Police Officer Recruit II. Aaron Izquierdo was hired on November 14, 2022 as a Police Officer Trainee. Jonathan Vasquez was hired on November 14, 2022 as a Police Officer Trainee. Sunny Duong was hired on November 14, 2022 as a Police Officer Trainee.
Promotions:
Matthew Mangan was promoted from Police Officer to Police Sergeant on January 17, 2022.
Kyle Scarbrough was promoted from Police Officer Recruit II to Police Officer on February 4, 2022.
Isaiah Romo was promoted from Police Cadet to Police Office Assistant on February 7, 2022.
Steven Fong was promoted from Police Officer to Police Sergeant on April 18, 2022. Cosmin Axenie was promoted from Police Officer Recruit II to Police Officer on April 24, 2022.
Charina Mendoza was promoted from Police Cadet to Police Office Assistant on May 31, 2022.
Allison Bejar was promoted from Police Cadet to Community Service Aide on June 27, 2022.
Brooke Thayer was promoted from Police Cadet to Community Service Aide on August 1, 2022.
Joseph Goodrich was promoted from Community Service Aide to Police Officer Trainee on August 1, 2022.
Manuel Leon was promoted from Police Officer to Police Sergeant on September 5, 2022.
City Council/RSA Agenda 40 Tuesday, January 10, 2023
Ali Sha Ayubzai was promoted from Police Officer Trainee to Police Officer Recruit II on May 16, 2022 and then to Police Officer on September 19, 2022. Rachel Marra was promoted from Police Officer Trainee to Recruit II on May 16, 2022 and then to Police Officer on September 19, 2022.
Madison Geldermann was promoted from Police Officer Trainee to Police Officer Recruit II on July 5, 2022 and then to Police Officer on November 15, 2022. Benith Lokula was promoted from Police Officer Trainee to Police Officer Recruit II on December 12, 2022.
PUBLIC WORKS DEPARTMENT
New Hires:
Wai Chee (Tommy) Cho was hired on February 7, 2022 as a Principal Civil Engineer. Willard Balisi was hired on June 27, 2022 as a Public Works Inspector. Miguel Bedolla was hired on July 5, 2022 – Parks & Grounds Division as a Maintenance Trainee.
Joaquin Gutierrez was hired on July 11, 2022 – Parks & Grounds Division as a Maintenance Trainee.
Lazaro Carrasco was hired on July 12, 2022 – Parks & Grounds Division as a Maintenance Trainee.
Edwin Limpot was hired on July 18, 2022 as a Public Works Inspector.
Promotions:
Rongjian (Eddie) Yu was promoted from Engineer I (Civil) to Engineer II (Civil) on October 17, 2022.
Trieu Tran was promoted from Civil Engineer II to Engineer III (Civil) on November 14, 2022.
Willard Balisi was promoted by reclassification from Public Works Inspector to Lead Construction Inspector on November 14, 2022.
SENIOR MANAGEMENT TEAM
New Hires:
Jennifer Phan was hired on November 14, 2022 as a Deputy City Manager.
Promotions:
Lilybell Nakamura was promoted from Chief Human Resources Officer to Human Resources Director on April 4, 2022.
City Council/RSA Agenda 41 Tuesday, January 10, 2023
Mario Vallejo was promoted from Chief Technology Officer to Information Technology Director on April 4, 2022.
Corina Hahn was promoted from Community and Recreation Services Manager to Community and Recreation Services Director on October 17, 2022.
Prepared by:
Lilybell Nakamura, Human Resources Director
Submitted by:
Lilybell Nakamura, Human Resources Director
Approved by:
Joan Malloy, City Manager
City Council/RSA Agenda 42 Tuesday, January 10, 2023
Alameda County Mosquito Abatement District
City of Union City 2023 update
1.10.2023
Ryan Clausnitzer, MPA, REHS
General Manager
www.mosquitoes.org
City Council/RSA Agenda 43 Tuesday, January 10, 2023
Overview
• Formation & authority of Alameda County MAD
• Organization & funding
• Mosquitoes of Alameda County and where they grow
• Integrated vector management
o Requests for service from the public
o Community engagement & research
o Monitoring and reporting mosquito abundance
o Current mosquito control practices
o Upcoming technologies
City Council/RSA Agenda 44 Tuesday, January 10, 2023
Tax-funded mosquito control in SF Bay Area because of…
Aedes dorsalis
Aedes squamiger
City Council/RSA Agenda 45 Tuesday, January 10, 2023
120 years ago
Civic, scientific, and business leaders organized mosquito districts Women in the San Rafael
Improvement Club were foundational
in organizing their mosquito control
district during 1902
Eliza A. Neale, the first President, served for 12 years City Council/RSA Agenda 46 Tuesday, January 10, 2023
107 years ago:
1915 Mosquito Abatement Act of California
Governor Hiram Johnson
City Council/RSA Agenda 47 Tuesday, January 10, 2023
1915 Mosquito Abatement Act of California
Authorized government agencies to “Take any and all necessary or proper actions to prevent the occurrence of vectors and vectorborne diseases.” o Gave power to tax, form boards, and abate (impose fines for mosquito control)
California Health and Safety Code
We have never charged or fined
City Council/RSA Agenda 48 Tuesday, January 10, 2023
Independent Special District of Alameda County
MAD was formed 92 years ago
Farm tractors
repurposed by civil
engineers to modify
marsh habitat and limit
mosquito growth
City Council/RSA Agenda 49 Tuesday, January 10, 2023
ACMAD Board of Trustees
14 appointed by their City Council + 1 County-at-Large Trustee Dr. Robert Beatty
Berkeley Tyler Savage
Alameda Robin Lopez
Albany
Shawn Kumagai
Dublin George Young
Fremont
Courtney Welch
Emeryville
Subru Bhat, President
Union City
Victor Aguilar, Vice-President
Newark Cathy Roache, Secretary
County-at-Large
Elisa Márquez
Hayward
Steven Cox
Livermore
Dr. Jan O. Washburn
Oakland
Eric Hentschke
Newark
Valerie Arkin
Pleasanton
Hope Salzer
Piedmont
City Council/RSA Agenda 50 Tuesday, January 10, 2023
City Council/RSA Agenda 51 Tuesday, January 10, 2023
Funding mosquito
control
$4.9
million
ad valorum
property tax
special tax & benefit
assessment
OPEB
interest earned
0.0009% of assessed
property value
City Council/RSA Agenda 52 Tuesday, January 10, 2023
18 full-time employees
with 2-5 seasonal
employees and/or
interns
City Council/RSA Agenda 53 Tuesday, January 10, 2023
Obligate aquatic
phase of mosquito
life cycle
From Marin-Sonoma Mosquito and
Vector Control District Nikon’s Small World: 2019
University of Florida
City Council/RSA Agenda 54 Tuesday, January 10, 2023
only female mosquitoes bite
males have feathery antenna female antenna are thinner
adapted from www.theverge.com/
City Council/RSA Agenda 55 Tuesday, January 10, 2023
Mosquito producing habitats in Alameda County
Salt marsh
Storm water canals
Tule marsh
Creeks and
seepages Ornamental ponds
Unmaintained swimming pools
Native mosquitoes
City Council/RSA Agenda 56 Tuesday, January 10, 2023
Mosquito producing habitats of concern
Utility vaults Tires
Plant saucers Bromeliad plants
Invasive mosquitoes
Grow in very
small amount of
water
City Council/RSA Agenda 57 Tuesday, January 10, 2023
Arboviruses spread by mosquitoes in CA
invasive Aedes
native to CA
Dengue, Zika, Yellow
fever, Chikungunya
WNV, SLEV
City Council/RSA Agenda 58 Tuesday, January 10, 2023
• Data and institutional
knowledge used to enact
effective & sustainable
mosquito control
• Proactive and responsive
actions
Integrated mosquito
management
Proactive ongoing efforts Responsive incidentdependent efforts Community
Engagement
Assessing
Integrated Mosquito
Management
Knowledge-driven approach to reduce
mosquito abundance
City Council/RSA Agenda 59 Tuesday, January 10, 2023
Maintain water circulation channels in
marsh habitats
City Council/RSA Agenda 60 Tuesday, January 10, 2023
Mosquito fish: Gambusia affinis
• We deliver them for free
• Love to eat mosquito larvae!
• Relatively small
• 1.5 – 3 inches
• Live in shallow fresh water
• Can live in low oxygen water
• Small ornamental ponds
City Council/RSA Agenda 61 Tuesday, January 10, 2023
Controlling mosquito larvae
Insect-specific toxin from
bacteria
Insect growth
hormone
Surfactant
Bacillus thuringiensis israelensis (Bti) Methoprene
BVA-2
City Council/RSA Agenda 62 Tuesday, January 10, 2023
Larvicide application methods
City Council/RSA Agenda 63 Tuesday, January 10, 2023
Larvicide applications by drone
City Council/RSA Agenda 64 Tuesday, January 10, 2023
Where larvicide is applied in Alameda County
Most larvicide
applications occur in
marsh habitats that abut
the SF Bay
2021
City Council/RSA Agenda 65 Tuesday, January 10, 2023
Ultralow volume pyrethroid
insecticide
4 grams / square mile
Our very last resort for controlling infected adult mosquitoes Credit: Justin Sullivan / Getty with Contra Costa MVCD
City Council/RSA Agenda 66 Tuesday, January 10, 2023
Requests for
service
830
Service Requests during
2021
In-person response within a day
City Council/RSA Agenda 67 Tuesday, January 10, 2023
Assessing mosquito abundance &
arbovirus prevalence
Adult mosquito
abundance monitoring
Power BI dashboard for 15 days (auto-updated)
City Council/RSA Agenda 68 Tuesday, January 10, 2023
Testing trapped mosquitoes for
arboviruses in our lab using
quantitative RT-PCR
City Council/RSA Agenda 69 Tuesday, January 10, 2023
Multi-agency dashboard to view high resolution data
City Council/RSA Agenda 70 Tuesday, January 10, 2023
Community engagement with the public
• Leverages a “show me” & discovery mindset
• Motivates an involved public
Cal State East Bay Students
Oakland Garden Preschool
Alameda Watershed Symposium
City Council/RSA Agenda 71 Tuesday, January 10, 2023
Community engagement with the public
City Council/RSA Agenda 72 Tuesday, January 10, 2023
Community engagement with
partner agencies & facilities
• Coordinate with land and
facility managers
− MOU with US FWS and EBRPD
• Engage public agencies
− Cooperative agreement with CDPH
• Public & private lands
− Mosquito Abatement and Vector
Control Districts Principle Enabling
Act (Health and Safety Code §2000
et seq.)
City Council/RSA Agenda 73 Tuesday, January 10, 2023
Engaging with universities & research
institutes
City Council/RSA Agenda 74 Tuesday, January 10, 2023
City Council/RSA Agenda 75 Tuesday, January 10, 2023
non-biting males are
released to mate with
invasive female mosquitoes
no new female
mosquitoes are produced
3 sterile insect techniques (SIT) to reduce abundance
of biting & disease-spreading female mosquitoes
sterile insects for Aedes control
City Council/RSA Agenda 76 Tuesday, January 10, 2023
sterile insects for Aedes control
irradiated
bacteria-infected
genetically engineered
Invasive Aedes mosquitoes are not yet in Alameda County City Council/RSA Agenda 77 Tuesday, January 10, 2023
1 Irradiate male mosquitoes
X-Rays sterilize male mosquitoes
25,000 sterilized at a time
Use for any species (unpatented method)
One-time equipment purchase
https://www.radsource.com/sterile-insect-technique/
Grow 100,000s of mosquitoes
Must separate male from females
Reduced mosquito health
City Council/RSA Agenda 78 Tuesday, January 10, 2023
2 Wolbachia bacteria infection
Male mosquitoes naturally spread bacteria
Multi-generation impact
Reduced mosquito reproduction and virus growth
EPA-registered non-GMO option
Must separate male from females
Identify / replace correct Wolbachia strain
Commercial provider = recurring cost https://mosquitomate.com/pricing City Council/RSA Agenda 79 Tuesday, January 10, 2023 3 Genetically modified
Female mosquitoes eliminated as immatures
EPA approved & monitored trial in Florida
Eggs-in-a-box simplifies adult release
Public hesitancy to GMO
Recurring cost
City Council/RSA Agenda 80 Tuesday, January 10, 2023
Thank you.
Ryan Clausnitzer, MPA, REHS
General Manager
[email protected]
23187 Connecticut Street
Hayward, CA 94545
www.mosquitoes.org
510.783.7744 City Council/RSA Agenda 81 Tuesday, January 10, 2023 City Council/RSA Agenda 82 Tuesday, January 10, 2023
Agenda Item
ATTACHMENTS:
Description Type
Submitted Written Comment - Wallace Attachment
City Council/RSA Agenda 83 Tuesday, January 10, 2023
1/10/23, 4:24 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 1/1 Written comment city council
KENDAHYL WALLACE
Tue 1/10/2023 4:20 PM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Dear City council
Happy new years
In this new year will there be more focus on more environment measures to combat climate change?.
Some examples
1 .Led lighting citywide
2 . New trash(grey) and recycling(blue) carts
3. New landscaping and drought tolerant down Alvarado Niles.
4.Public outreach and new navigation center for the homeless.
I feel a lot of these measures will help us combat climate changes they can be paid for with state and federal grants.
Kendahyl
Sent from my iPhone
City Council/RSA Agenda 84 Tuesday, January 10, 2023
Agenda Item
ATTACHMENTS:
Description Type
Draft Min -corrected Attachment
Exh A Exhibit
Exh B Exhibit
City Council/RSA Agenda 85 Tuesday, January 10, 2023
MINUTES
CITY OF UNION CITY/
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, December 13, 2022
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:04 p.m.
1.a. Pledge of Allegiance
Mayor Dutra-Vernaci led the salute to the flag.
1.b. Roll Call Present: Councilmembers Duncan, Gacoscos, Singh, Vice Mayor Patiño, Mayor Dutra-Vernaci
Absent: None
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Adopt A Resolution Declaring The Results Of The General Municipal Election Held November 8, 2022
It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Duncan, to Adopt Resolution No. 6049-22 Declaring the Results of the General Municipal Election held November 8, 2022; and Ordinance No. 911- 22 Amending And Restating Chapter 3.22 Of The Union City Municipal Code To Extend The Existing, Voter-Approved Measure Aa Transactions And Use (Sales) Tax Administered By The California Department Of Tax And Fee Administration The motion was carried by a unanimous roll call vote. (Exhibit A)
3.b. Proclamation Honoring Councilmember Emily Duncan Presented by Senator Bob Wieckowski
City Council/RSA Agenda 86 Tuesday, January 10, 2023
Rocky Fernandez, District Director at Office of Senator Bob Wieckowski, presented Councilmember Duncan with the proclamation from Senator Wieckowski.
3.c. Proclamation Honoring Councilmember Pat Gacoscos Presented by Senator Bob Wieckowski
Rocky Fernandez, District Director at Office of Senator Bob Wieckowski, presented Councilmember Gacoscos with the proclamation from Senator Wieckowski.
3.d. Proclamation Honoring Councilmember Emily Duncan And Farewell Remarks Mayor Dutra-Vernaci read the proclamation aloud and presented it to Councilmember Duncan.
Councilmember Duncan expressed her appreciation to constituents, friends, family members and staff for their years of service and support.
3.e. Proclamation Honoring Councilmember Pat Gacoscos And Farewell Remarks Mayor Dutra-Vernaci read the proclamation aloud and presented it to Councilmember Gacoscos.
Councilmember Gacoscos expressed her appreciation to constituents, friends, family members and staff for their years of service and support.
3.f. Oath Of Office And Installation Of Re-Elected Councilmember Jaime Patiño, Followed By Remarks From Councilmember Patiño
Councilmember Patiño was administered the Oath of Office by former Union City Mayor, Mark Green. Councilmember Patiño provided comment.
3.g. Oath Of Office And Installation Of Newly Elected Councilmember Jeff Wang, Followed By Remarks From Councilmember Wang
Councilmember-elect Wang was administered the Oath of Office by former Union City Mayor, Mark Green. Councilmember Wang provided comment.
3.h. Oath Of Office And Installation Of Newly Elected Councilmember Scott Sakakihara, Followed By Remarks From Councilmember Sakakihara Councilmember-elect Sakakihara was administered the Oath of Office by his wife, Melinda Sakakihara. Councilmember Sakakihara provided comment.
Meeting Recessed: Mayor Dutra-Vernaci recessed the meeting at 8:05 p.m. for a brief reception.
Meeting Reconvened: Mayor Dutra-Vernaci reconvened the meeting at 8:25 p.m. with the following in attendance: Councilmember Singh, Councilmember Patiño, Councilmember Sakakihara, Councilmember Wang, and Mayor Dutra-Vernaci.
3.i. Appointment Of Vice Mayor
City Council/RSA Agenda 87 Tuesday, January 10, 2023
It was moved by Mayor Dutra-Vernaci and seconded by Councilmember Patiño to appoint Councilmember Gary Singh to Vice Mayor. The motion was carried by a unanimous roll call vote.
3.j. Council Assignments To Various Boards And Commissions Mayor Dutra-Vernaci provided the assignments list to the Councilmembers.
The assignments list was published as part of the Council meeting packet and is attached hereto with as Exhibit B.
4. ORAL COMMUNICATIONS
Public comment was provided by Hakeem Karimi.
5. CONSENT CALENDAR
Mayor Dutra-Vernaci requested item 5.i. be pulled from the agenda for further discussion.
It was moved by Vice Mayor Singh and seconded Councilmember Sakakihara to adopt consent calendar items 5.a. through 5.h., and 5.j. through 5.o.
5.a. Waived Further Reading of Proposed Ordinance
(This permits reading the title only in lieu of reciting the entire text of any proposed Ordinance.)
5.b. Approved the Minutes of the City Council Meetings Held on November 22, 2022
5.c. Adopted Resolution No. 6050-22 Setting The 2023 Calendar Year City Council Meeting Schedule
5.d. Adopted Resolution No. 6051-22 Appointing Individuals To Serve On The Human Relations Commission And The Planning Commission
5.e. Adopted Resolution No. 6052-22 Authorizing The City Manager to Execute The Second Amendment To The Consulting Services Agreement With Swinerton Builders DBA Swinerton Management & Consulting, In The Amount Of $50,000, For Inspection Services, For A Total Contract Amount of $200,000
5.f. Adopted Resolution No. 6053-22 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With Rail Surveyors And Engineers, Inc. (RSE), In The Amount Of $75,000, To Provide Engineering Services For The Pedestrian At-Grade Crossing Project, City Project No. 14-14, For A Total Contract Amount Of $175,000
5.g. Adopted Resolution No. 6054-22 Authorizing Submission of An Application And Associated Grant Documents For CalRecycle Beverage Container Recycling City/County Payment Program Administered By The State Of California, Department Of Resources Recycling And Recovery City Council/RSA Agenda 88 Tuesday, January 10, 2023
5.h. Adopted Resolution No. 6055-22 Authorizing The Transfer Of $162,820 From The Kennedy Parking Lot Rehabilitation Project To The Old Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-13
5.j. Adopted Resolution No. 6057-22 Approving Amendment No. 2 To Contract No. 5774, The Post-Retirement Employment Agreement With Retired Annuitant Lola Tapia
5.k. Adopted Resolution No. 6058-22 Approving An Amendment To The City Of Union City Personnel Rules
5.l. Adopted Resolution No. 6059-22 Approving An Amendment To The City’s Classification And Compensation Plan For Multiple Unrepresented Seasonal And Temporary Positions In Conformance With California Code Of Regulations, Title 2, Section 570.5
5.m. Adopted Resolution No. 6060-22 Finding That There Is A Proclaimed State Of Emergency; Finding That Meeting In Person Would Present Imminent Risks To The Health Or Safety Of Attendees As A Result Of The State Of Emergency; And Authorizing Remote Teleconferenced Meetings Of The Legislative Bodies Of The City Of Union City For The 30 Day Period Beginning December 13 Pursuant To Ab 361; And Adopted Resolution No. 6061-22 A Resolution Confirming The Continued Existence Of A Local Emergency Due To Covid-19
5.n. Adopted Resolution No. 6062-22 Accepting The Annual Reports For Fiscal Year 2021-2022 Concerning Sources And Uses Of Development Impact Fees Pursuant To Government Code Section 66000, Et Seq. And Making Certain Findings Related Thereto
5.o. Adopted Resolution No. 6063-22 Accepting The 5-Year Reports For Fiscal Years 2017-2018 Through 2021-2022 Concerning Sources And Uses Of Development Impact Fees Pursuant To Government Code Section 66000, Et Seq. And Making Certain Findings Related Thereto
Item 5.i.
5.i. Adopt A Resolution Authorizing The City Manager To Execute Contract Amendment No. 11 To Extend The Union City Transit Fixed-Route And Demand Response Operations And Maintenance Agreement With MV Transportation For An Additional Three Months Through March 31, 2023.
Mayor Dutra-Vernaci pulled the item to brief the new Councilmembers on the many transit related matters of business that go on within the City.
It was moved by Mayor Dutra-Vernaci and seconded by Vice Mayor Singh to adopt Resolution No. 6056-22 Authorizing The City Manager To Execute Contract Amendment No. 11 To Extend The Union City Transit Fixed-Route And Demand Response Operations And Maintenance Agreement With MV Transportation For An Additional Three Months Through March 31, 2023. The motion was carried by a unanimous roll call vote.
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS - None
City Council/RSA Agenda 89 Tuesday, January 10, 2023
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
Councilmember Patiño reported his attendance of the League of California Cities Board of Directors retreat held in Monterey.
Mayor Dutra-Vernaci reported her attendance of a meeting of the Metropolitan Transportation Commission.
13. GOOD OF THE ORDER
Councilmember Patiño offered congratulations to the newly elected Councilmembers and wished everyone a happy holiday season.
Vice Mayor Singh requested an update about people selling barbecue on the streets.
Chief Jared Rinetti explained the process when officers approach those who are engaging in the behavior.
Mayor Dutra-Vernaci stated this was the last meeting of 2022, with Council reconvening on January 10, 2023. Mayor Dutra-Vernaci wished all a happy holiday season and invited Chief Rinetti up to the podium to announce safety check points on December 17.
Chief Rinetti stated there will be extra patrols and a planned sobriety check point for the evening of December 17.
14. CLOSED SESSION - None
15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:50 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 90 Tuesday, January 10, 2023
City Council/RSA Agenda 91 Tuesday, January 10, 2023
City Council/RSA Agenda 92 Tuesday, January 10, 2023
City Council/RSA Agenda 93 Tuesday, January 10, 2023
Resolution No. 6049-22
Exhibit A
City Council/RSA Agenda 94 Tuesday, January 10, 2023
City Council/RSA Agenda 95 Tuesday, January 10, 2023
City Council/RSA Agenda 96 Tuesday, January 10, 2023
City Council/RSA Agenda 97 Tuesday, January 10, 2023
City Council/RSA Agenda 98 Tuesday, January 10, 2023
City Council/RSA Agenda 99 Tuesday, January 10, 2023
City Council/RSA Agenda 100 Tuesday, January 10, 2023
City Council/RSA Agenda 101 Tuesday, January 10, 2023
City Council/RSA Agenda 102 Tuesday, January 10, 2023
City Council/RSA Agenda 103 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 1
Monthly Meetings
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ALAMEDA COUNTY LIBRARY ADVISORY
COMMISSION
Cindy Chadwick
2400 Stevenson Boulevard
Fremont CA 94538-2326
(510) 745-1500
Review issues relative to
libraries within Alameda
County
1 st Wednesday /
Rotates library
locations
7:00 p.m. -0- Singh
Wang (alt)
ALAMEDA COUNTY MOSQUITO ABATEMENT
DISTRICT
Ryan Clausnitzer
[email protected]
23187 Connecticut Street
Hayward CA 94545
(510) 783-7744
Board of Trustees 2
nd Wednesday /
Office of the District,
Hayward
5:00 p.m. $100/month in lieu
of expenses
Subru Bhat
(4 year appointment
(1/2020 – 1/2024)
ALAMEDA COUNTY TRANSPORTATION
COMMISSION (ACTC)
Vanessa Lee
[email protected]
1111 Broadway, #800
Oakland CA 94607
(510) 208-7436
Oversees half cent sales tax
(Measure B)
expenditures/Per State
mandate, is the congestion
management agency for
county
4 th Thursday /
ACTC in Oakland
2:00 p.m. $250/meeting Dutra-Vernaci
Sakakihara (Alt)
ACTC PROGRAM & PROJECTS SUBCOMMITTEE
VANESSA LEE
[email protected]
1111 Broadway, #800
Oakland CA 94607
(510) 208-7436
Standing committee of ACTC
to review programs and
projects
2nd Monday /
ACTC in Oakland
10:00 a.m. $250/meeting ACTC appointee
Dutra-Vernaci
City Council/RSA Agenda 104 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 2
Monthly Meetings Cont’d.
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ALAMEDA COUNTY WASTE MANAGEMENT
AUTHORITY (ACWMA)
Arlis Dunn
[email protected]
1537 Webster Street
Oakland CA 94612
(510) 891-6500 x117
Voter mandated recycling
board & separate WMA;
promotes recycling/makes
county-wide policy &
legislation; oversees landfills
in County
4 th Wednesday /
StopWaste.org,
Oakland
3:00 p.m. $150/meeting
Wang
Sakakihara (alt)
ACWMA PROGRAMS & ADMINISTRATION
COMMITTEE
Arlis Dunn
[email protected]
1537 Webster Street
Oakland CA 94612
(510) 891-6500 x117
Standing subcommittee of
WMA Board to oversee
programs and administration
of non-recycling board
matters
2 nd Thursday /
StopWaste.org,
Oakland
9:00 a.m. $150/meeting Wang
Sakakihara (alt)
EAST BAY COMMUNITY ENERGY (EBCE)
AUTHORITY BOARD OF DIRECTORS
Bruce Jensen
[email protected]
Alameda Co Planning Dept
224 W. Winton Avenue, 111
Hayward, CA 94544
(510) 670-6527
1 st Wed if second
meeting is needed
3 rd Wed Regular
Meeting
Hayward City Hall
6:00p.m. -0- Patiño
Singh (Alt)
City Council/RSA Agenda 105 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 3
Monthly Meetings Cont’d.
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
HOUSING AUTHORITY OF ALAMEDA COUNTY
Melissa Taesali
[email protected]
22941 Atherton Street
Hayward CA 94541-6633
(510) 727-8511 (direct line)
(510) 538-8876
Majority of Alameda County
cities oversee Section 8 and
public housing availability
2 nd Wednesday /
Housing Authority,
Hayward
8:00 a.m. $50/meeting Sakakihara
LEAGUE OF CALIFORNIA CITIES, EAST BAY
DIVISION (LOCC)
Samantha Caygill
[email protected]
1400 K Street
Sacramento CA 95814
(510) 473-5418
Takes positions on legislative
matters
Every other month /
Locations vary
between Alameda
County & Contra Costa
County
6:30 p.m. -0- Singh
Patiño (alt)
City Council/RSA Agenda 106 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 4
Board & Commission Liaisons
AGENCY NAME &
CONTACT INFORMATION
FREQUENCY/
LOCATION
MEETING
TIME
CURRENTLY
ASSIGNED
APPOINTMENT
ENDS
Arts & Culture Commission
Staff: Marissa Vera, Tony Silveira
Quarterly on 3rd Tuesday/City Hall
(March, June, Sept, Dec)
6:00 p.m. Dutra-Vernaci 12/2023
Human Relations Commission
Staff: Serenity Mlay, Erika Cramer
4 th Wednesday of every month/City Hall 7:00 p.m. Singh 12/2023 Parks & Recreation Commission
Staff: Corina Hahn, Tony Silveira
2 nd Wednesday of every month/City Hall 7:00 p.m. Sakakihara 12/2023 Senior Commission
Staff: Chris Valukas, Ed Ramirez
3 rd Tuesday of every other month/City Hall
(Jan, March, May, July, Sept, Nov)
2:30 p.m. Patiño 12/2023
Youth Commission
Staff: Trish Heuer, Alma Galvez
2 nd Wednesday of every month/Kennedy Youth Center
(No meetings held during summer break)
4:00 p.m. Wang 12/2023
Union City Chamber of Commerce
Staff: Chamber of Commerce
3rd Tuesday of every month/
Chamber Office
12:00 p.m. Wang
Singh (alt)
12/2023
City Council/RSA Agenda 107 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 5
Meetings Held Quarterly
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ALAMEDA COUNTY FIRE DEPARTMENT
ADVISORY COMMISSION
Yvonne Hernandez, Admin Secretary
[email protected]
6363 Clark Avenue
Dublin, CA 94568
(925) 833-3473 x1120
Keep elected
representatives updated on
ACFD plans and operation
priorities
Quarterly
3 rd Thursday of 2nd
month of each quarter/
ACF
6363 Clark Avenue
Dublin
7:00 p.m. -0- Patiño
Singh (alt)
ECONOMIC DEVELOPMENT ADVISORY TEAM
(EDAT)
Gloria Ortega
[email protected]
34009 Alvarado-Niles Road
Union city ca 94587
(510) 675-5396
Comprised of local business
members, elected officials, &
community members who
advise on economic dev
programs and activities
Quarterly, First
Wednesday of the
Month
City Hall
12 noon -0- Wang
NEW HAVEN UNIFIED SCHOOL DISTRICT JOINT
SUB-COMMITTEE
34200 Alvarado-Niles Road
Union City CA 94587
(510) 471-1100
Information sharing and
collaboration on City and
School District issues
Quarterly on 4th
Monday /
Rotates between City
and NHUSD
5:30 p.m. -0- Wang
Sakakihara
City Council/RSA Agenda 108 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 6
Meetings Held 2 times per Year
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ASSOCIATION OF BAY AREA GOVERNMENTS
(ABAG)
Fred Castro
[email protected]
P. O. Box 2050
Oakland CA 94604-2050
(510) 464-7913
Council of governments for
Bay Area providing regional
planning and allocations for
housing
Fall and Spring
meetings /
Location varies
9:00 a.m. -0- Singh (Delegate)
Wang (Alt)
Meetings Held as Needed/TBD
AGENCY NAME &
CONTACT INFORMATION MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
CITY OF UNION CITY AUDIT SUBCOMMITTEE
Jackie Acosta, Finance Director
[email protected]
34009 Alvarado-Niles Road
Union City CA 94587
(510) 675-5338
Reviews annual Financial
Statements to communicate
w/external auditor on areas of
concern. Receives reports
for Tax Oversight
Committee(s)
As needed /
City Hall
tbd -0- Dutra-Vernaci
Sakakihara
UNION CITY LEGISLATIVE & POLICY COMMITTEE
City Attorney Kokotaylo
[email protected]
34009 Alvarado-Niles Road
Union City CA 94587
(510) 675-5316
Designed to address
contemporary issues that
arise which require
modification of the Municipal
Code and the City’s policies
and procedures
As needed/City Hall Monday/
Noon -0-
Singh
Dutra-Vernaci
City Council/RSA Agenda 109 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 7
Mayor Appointments as designated by Alameda County Mayors Conference, Union City Municipal Code or Committee By-laws Meetings Held Monthly
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ALAMEDA COUNTY MAYORS CONFERENCE
Steven Bocian, Executive Dir.
San Leandro Civic Center
835 East 14th Street, San Leandro, CA 94577
(925) 750-7943
[email protected]
Appoints Mayors to regional
agencies/
LOCC interaction/
Networking
2 nd Wednesday /
Rotates thru out
County
6:00 p.m. -0- Dutra-Vernaci
METROPOLITAN TRANSPORTATION COMMISSION,
BAY AREA HOUSING FINANCE AUTHORITY,
BAY AREA INFRASTRUCTURE FINANCING
AUTHORITY, BAY AREA TOLL AUTHORITY
Kimberly Ward
[email protected]
Bay Area Metro Center
Board Room 1st Floor
375 Beale Street
San Francisco, CA 94105
SUBCOMMITTEES
- JOINT MTC PLANNING COMMITTEE W/ ABAG
ADMINISTRATION COMMITTEE
- JOINT MTC/ABAG LEGISLATION
- OPERATIONS COMMITTEE
A 21-member policy board
created by the State
Legislature, MTC is the
transportation planning,
coordinating and financing
agency for the nine-county
San Francisco Bay Area;
MTC plays a major role in
building regional consensus
on where and when to
expand the Bay Area transit
network.
4 th Wednesday of
each month
Bay Area Metro
Center
Board Room 1st Floor
375 Beale Street
San Francisco, CA
94105
Subcommittee meets
the 2
nd Friday of the
month
9:35 a.m. $100.00 Dutra-Vernaci
Appointed by Mayors
Conference
City Council/RSA Agenda 110 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 8
Mayor Appointments as designated by Alameda County Mayors Conference, Union City Municipal Code or Committee By-laws Meetings Held Biannually
AGENCY NAME &
CONTACT INFORMATION
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
US CONFERNCE OF MAYORS
1620 I St. NW
Washington, D.C. 20006
(202) 293-7330
The official non-partisan
organization of cities with
populations of 30,000 or
more. Each city is
represented in the
Conference by its chief
elected official, the mayor.
Held January and
June of each year
tbd -0- Dutra-Vernaci
Sits on the
Transportation and
Communications
Committee
City Council/RSA Agenda 111 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 9
Meetings Held as Needed/TBD
AGENCY NAME &
Contact Information
MEETING
PURPOSE
FREQUENCY/
LOCATION
MEETING
TIME
STIPEND
PER MEETING
CURRENTLY
ASSIGNED
ALAMEDA COUNTYWIDE REDEVELOPMENT
OVERSIGHT BOARD Dutra-Vernaci
DISASTER COUNCIL
JOAN MALLOY AS DIRECTOR OF EMERGENCY
SERVICES
[email protected]
34009 Alvarado-Niles road
Union City, CA 94587
(510) 675-5394
Union City Municipal Code
Title 2, Chapter 28
Develops and recommends
for Council adoption
emergency and mutual aid
plans and regulations, as
necessary.
As needed /
City Hall
tbd -0- Dutra-Vernaci (per
Municipal Code)
City Council/RSA Agenda 112 Tuesday, January 10, 2023
COUNCIL ASSIGNMENTS AND SUB-COMMITTEE APPOINTMENTS TO OUTSIDE AGENCY AND ADVISORY MEETINGS, AND
UNION CITY BOARDS & COMMISSIONS
Effective December 13, 2022
Effective 12/13/2022 10
Other Regional Boards & Commissions
Bay Area Air Quality Management District (BAAQMD)
Created by the State Legislature, the Bay Area Air Quality Management District is the public agency entrusted with regulating stationary sources of air pollution in the 9 Bay Area counties. The Air District is governed by a 22-member Board of Directors composed of locally elected officials from each of the 9 Bay Area counties. The number of board members from each county is proportionate to its population. The Board oversees policies and adopts regulations for the control of air pollution within the district. The Board appoints the Air District’s Executive Officer/Air Pollution Control Officer, who implements Board policies and gives direction to staff and District Counsel. The Air District is assisted by an Advisory Council made up of 20 representatives from community, health, environmental, and other organizations.
District Board of Directors meetings are held on the 1
st and 3rd Wednesday of each month at 9:45 a.m., in San Francisco. San Francisco Bay Conservation and Development Commission (BCDC) BCDC is a federally-designated state coastal management agency for the San Francisco Bay segment of the California coastal zone, and is dedicated to the protection and enhancement of the San Francisco Bay and to the encouragement of the Bay's responsible use.
BCDC is composed of 27 members appointed by the Governor, Legislators, Federal and State Agencies, and includes appointments from the boards of supervisors of each of the 9 Bay Area counties as well as appointments from the Association of Bay Area Governments.
Commission meetings are held in the afternoon on the 1
st and 3rd Thursday of each month, alternating meeting locations between San Francisco and Oakland.
City Council/RSA Agenda 113 Tuesday, January 10, 2023
Agenda Item
DATE: 1/10/2023
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 JANUARY10 PURSUANT TO AB 361
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).
On May 24, 2022, the City Council made the necessary findings pursuant to AB 361 to continue to conduct virtual meetings. AB 361 requires that the City Council revisit the need to continue conducting virtual meetings every 30 days. Staff and the City Attorney recommend that the City 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 December 13, 2022.
STRATEGIC PLAN ALIGNMENT
This action is not related to the Strategic Plan as it is in response to the COVID-19 pandemic.
BACKGROUND
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.
City Council/RSA Agenda 114 Tuesday, January 10, 2023
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.
DISCUSSION
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; · CalOSHA and the CDC recommend social distancing of at least six feet due and masking for certain individuals under certain conditions;
· The Delta and Omicron variants of COVID-19 resulted in a significant increase of COVID-19 cases within the state and throughout Alameda County;
· Meeting in person continues to 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.
City Council/RSA Agenda 115 Tuesday, January 10, 2023
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.
FISCAL IMPACT
This is no fiscal impact of adopting this Resolution.
RECOMMENDATION
Staff recommends that the City Counciladopt the resolution to 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
AB361 Resolution Resolution
City Council/RSA Agenda 116 Tuesday, January 10, 2023
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 JANUARY 10 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 117 Tuesday, January 10, 2023
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 118 Tuesday, January 10, 2023
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 119 Tuesday, January 10, 2023
Agenda Item
DATE: 1/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING A HAZARD MITIGATION GRANT PROGRAM (HMGP) AWARD, IN THE AMOUNT OF $300,345, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), U.S.
DEPARTMENT OF HOMELAND SECURITY, Application NO. DR-4344-375-029F,
FOR THE FINAL DESIGN AND CONSTRUCTION OF THE RUGGIERI
SENIOR CENTER GENERATOR UPGRADE PROJECT, CITY PROJECT NO. 18-17; INCREASING THE REVENUE PROJECTION IN THE CAPITAL PROJECTS FUND (FUND 4100) BY $278,070; AND APPROPRIATING $160,000 FROM THE CAPITAL FACILITIES IMPROVEMENT FUND (FUND 4110) AS
THE REQUIRED LOCAL MATCH, FOR A TOTAL PROJECT COST OF
$460,345
Staff recommends that the City Council adopt the attached resolution accepting a Hazardous Management Grant Program (HMGP) Award, in the amount of $300,345, from the FEMA, U.S. Department of Homeland Security, for the final design and construction of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, increasing the revenue projection in the Capital Projects Fund (Fund 4100) by $278,070, and appropriating $160,000 from the Capital Facilities Improvement Fund (Fund 4110) as the required local match, for a total project cost of $460,345.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal D: Create a healthy, sustainable community and maintain and improve the City’s Infrastructure.
BACKGROUND
FEMA’s HMGP provides funding to state, local, tribal, and territorial governmental so they can develop hazard mitigation plans and rebuild in a way that reduces, or mitigates, future disaster losses in their communities.
Union City developed and adopted the Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan in December City Council/RSA Agenda 120 Tuesday, January 10, 2023
2016. This locally adopted Hazard Mitigation Plan is required to receive funding from FEMA for the hazard mitigation projects.
As identified in the Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan, the Ruggieri Senior Center is a critical facility that serves as the Emergency Operations Center for the City in the event of an earthquake, fire or during a severe weather emergency. Acquiring a new emergency generator is essential for the City’s emergency services to be carried out from this facility during the event of an emergency.
On May 23, 2017, the City Council of Union City approved City Council Resolution No. 5070-17 designating the City Manager as authorization agent for all the matters pertaining to State Disaster Assistance and Agreements as Required by the California Governor’s Office of Emergency Services (OES) allowing the City Manager to execute in the name of Union City all grants, including applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant projects.
DISCUSSION
On July 2, 2018, Public Works initially submitted a Hazardous Mitigation Grant Program (HMGP) Subapplication to the California Office of Emergency Services (OES) for the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, in the amount of $400,360, which includes a 75% federal grant in the amount of $300,000, and a 25% local match in the amount of $100,360. Once the grant was approved, this same Subapplication was resubmitted on September 2, 2018, See Attachment 1.
On July 2, 2020, Union City received a notification from the California OES approving funds, in the amount of $22,275, for Phase 1, the Design Phase, of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, which required a local match of $7,425, totaling $29,700, see Attachment 2.
On April 5, 2021, the City Manager entered into a Consulting Services Agreement with Belden Consulting Engineers of Pleasanton, CA (C5732), in the amount of $15,200, for the Phase 1 Design Phase to prepare the final design plans and specifications for the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-
17. On June 28, 2022, the City Manager enter into First Amendment to the Consulting Services Agreement, C5732b, with Belden Consulting Engineers, in the amount of $800, for additional design services to complete the project plans and to increase the contract amount to $16,000.
During the Design Phase, the Consultant refined the generator design and identified design elements not included in the originalconcept which increased the overall project and allowed Union City to report back to FEMA.
On December 15, 2021, Union City received a letter from FEMA approving funds, in the amount of $370,760, for Phase 2, the Construction Phase, of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18- 17, which included a 75% Federal Grant, in the amount of $278,070, and a 25% local match in the amount of $92,690. This letter also refined the Federal and Non-Federal Share for the total project cost for Phase 1, the Design Phase, and Phase 2, the Construction Phase, of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, which includes a 75% Federal Grant, in the amount of $300,345, and a 25% local match, in the amount of $100,115, see Attachment 3.
The Final Design has been completed. Public Work plans to advertise the construction phase of the project in late January and award a construction contract in March 2023. Construction is anticipated to begin in April 2023 and the project should be completed by early 2024.
FISCAL IMPACT
Union City will receive a HMGP grant from FEMA, in the amount of $300,345, including a required local match of $100,115. The total project cost is $460,345, which includes construction increase of $59,885 needed to complete City Council/RSA Agenda 121 Tuesday, January 10, 2023
the construction of the project. The required local match and construction cost increase now totals $160,000, which will be funded from the Capital Facilities Improvement Fund (Fund 4110). There are sufficient funds in the respective fund balance.
RECOMMENDATION
Staff recommends that the City Counciladopt a Resolution:
1. Accepting a HMGP Award, in the amount of $300,345, from the FEMA, U.S. Department of Homeland Security, Application No. DR-4344-375-029F, for the final design and construction of the Ruggieri Senior Center Generator Upgrade Project, City Project
No. 18-17.
2. Increasing the FY 2022-2023 revenue projection in the Capital Projects Fund, Account Number 4100- 91817-44041 (Capital Projects Fund - FEMA Grants) by $278,070.
3. Appropriating the $160,000 local match from the unassigned fund balance of the Capital Facilities Improvement Fund (Fund 4110) to Account Number 4110-3199-91817-54111 (Capital Facilities Improvement Fund – PW General – Ruggieri Senior Center Generator Upgrade Project – Contractual Services).
4. Approving a budget transfer of $160,000 from the Capital Facilities Improvement Fund, Account No. 4110-3199-91817-54111, to the Capital Projects Fund, Account Number 4100-3199-91817-54111 (Capital Projects Fund – PW General – Ruggieri Senior Center Generator Upgrade Project – Contractual Services).
Prepared by:
Tommy Cho, Principal Civil Engineer
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - HGMP Project Subapplication Attachment
Attachment 2 - Phase 1 (Final Design)Approval Letter Attachment Attachment 3 Phase 2 (Construction)Approval Letter Attachment Resolution Resolution
Exhibit A - Phase 2 (Construction) Funding Approval Letter dated December 15, 2021
Exhibit
City Council/RSA Agenda 122 Tuesday, January 10, 2023
HAZARD MITIGATION GRANT PROGRAM
PROJECT SUBAPPLICATION
DISASTER NUMBER: DR-4344
JURISDICTION NAME: City of Union City
PROJECT TITLE: Senior Center Emergency Generator
PROJECT NUMBER: 0375
PROJECT NUMBER IS THE CONTROL NUMBER RECEIVED AT TIME OF SUCCESSSFUL NOI SUBMITTAL Notice of Interest (NOI) approved subapplications
are due postmarked to Cal OES by:
DR-4344: July 2, 2018
DR-4344 (2nd Round NOI)/DR-4353: September 4, 2018
City Council/RSA Agenda 123 Tuesday, January 10, 2023
HAZARD MITIGATION GRANT PROGRAM (HMGP)
INTRODUCTION
INTRODUCTION
As a result of the declaration of a major federal disaster, the State of California is eligible for HMGP funding. The State has established priorities to accept project subapplications from subapplicants state-wide, state agencies, tribal governments, local governments, and Private Non-Profits.
Hazard mitigation activities are aimed at reducing or eliminating future damages. Activities include cost effective hazard mitigation projects and hazard mitigation plans approvable by the Federal Emergency Management Agency (FEMA).
HMGP is successful in meeting the FEMA requirements to qualify as an Enhanced State Hazard Mitigation Plan (ESHMP) state. ESHMP accreditation has resulted in additional millions of dollars available for local agencies’ hazard mitigation plan and project funding. In order to maintain ESHMP status, further information is requested by FEMA. This information is requested as a means of assessing the pro-activity of your community or agency.
PUBLIC ASSISTANCE
HMGP does not fund repairs for damages that result after a disaster. If your project is aimed at repairing a damaged facility resulting from a federally declared disaster, contact the Public Assistance (PA) Program at [email protected].
TIME EXTENSIONS
Time extensions may be requested, and will be approved or denied on a case-by-case basis. To request additional time to submit a subapplication, send an email to the [email protected] mailbox. The subject line must include: “Subapplication Time Extension Request (include Disaster Number and Project Control Number).” The body of the message must include justification and specific details supporting why more time is needed and how much additional time is requested.
QUESTIONS
Submit all HMGP subapplication questions to the following mailbox: [email protected]
City Council/RSA Agenda 124 Tuesday, January 10, 2023
HAZARD MITIGATION GRANT PROGRAM
REGULATIONS
REGULATIONS
Federal funding is provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) through FEMA and the California Governor’s Office of Emergency Services (Cal OES). Cal OES is responsible for identifying program priorities, reviewing subapplications and forwarding recommendations for funding to FEMA. FEMA has final approval for activity eligibility and funding.
The federal regulations governing HMGP are found in Title 44 of the Code of Federal Regulations (44CFR), Part 201 (Planning) and Part 206 (Projects) and in Title 2 of the Code of Federal Regulations (2CFR), Part 200 (Uniform Administrative Requirements).
The Council on Environmental Quality (CEQ) has developed regulations to implement the National Environmental Policy Act (NEPA). These regulations, as set forth in Title 40, Code of the Federal Regulations (CFR) Parts 1500-1508, require an investigation of the potential environmental impacts of a proposed federal action, and an evaluation of alternatives as part of the environmental assessment process. The FEMA regulations that establish the agency-specific process for implementing NEPA are set forth in 44 CFR Part 10. FEMA will lead the NEPA clearance process.
The subapplicant is responsible for complying with the regulations set forth in the California Environmental Quality Act (CEQA) (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000–15387) and any other state/local permits or requirements.
FEMA GUIDANCE
FEMA requires that all projects adhere to the Hazard Mitigation Assistance Guidance 2015.
City Council/RSA Agenda 125 Tuesday, January 10, 2023
HAZARD MITIGATION GRANT PROGRAM
ELIGIBILITY CHECKLIST
Before completing the subapplication, review the following HMGP eligibility checklist to ensure project meets the requirements for HMGP funding.
Construction/Ground Breaking: No construction or ground breaking activities are allowed prior to FEMA approval. HMGP does not fund projects that are in progress or projects that have already been completed.
Approved Notice of Interest: Subapplicant must have an approved Notice of Interest (NOI) to submit a subapplication for HMGP funding. Only activities approved through the NOI process can be submitted for HMGP funding consideration.
Scope of Work: The project scope of work (SOW) must be consistent with the SOW provided in the approved Notice of Interest (NOI).
Benefit-Cost Analysis: Benefit-Cost Analysis (BCA) Toolkit Version 5.3.0 must be used to conduct the BCA. FEMA will only consider subapplications that use a FEMA-approved BCA methodology.
Documentation to support BCA must be included in subapplication. Projects with a benefit-cost ratio (BCR) of less than 1.0 will not be considered. BCA will be verified by FEMA and Cal OES upon subapplication submittal. For 5 Percent Initiative subapplications for HMGP funding, a narrative description of the project’s cost effectiveness must be provided.
Subapplicant Eligibility: Subapplicant must be an eligible State Agency, Local Government (City, County, Special Districts), Federally Recognized Tribe or Private Nonprofit (PNP) Organization.
PNP is defined as private nonprofit educational, utility, emergency, medical, or custodial care facility, facilities providing essential governmental services to the general public and such facilities on Indian reservations (see 44 CFR Sections 206.221(e) and 206.434(a)(2)).
LHMP/MJHMP: Subapplicant must have a FEMA approved and adopted Local or MultiJurisdictional Hazard Mitigation Plan (LHMP or MJHMP) to be eligible for HMGP funding. If a jurisdiction has its own governing body, jurisdiction must be covered under its own plan.
LHMP’s/MJHMP’s expire five years after FEMA approval. Failure to update plan before expiration date may cause project deobligation.
Cost Share: Local funding match of 25% of the total project cost is required by the subapplicant.
HMGP matching funds must be from a non-federal source. State does not contribute to local funding match.
Period of Performance: Projects must be completed (including close-out) within the 36 month Period of Performance (POP). POP begins upon FEMA approval of the subapplication.
City Council/RSA Agenda 126 Tuesday, January 10, 2023
HAZARD MITIGATION GRANT PROGRAM
ELIGIBILITY CHECKLIST
(continued)
Complete Subapplication: Failure to include all required documentation will delay the processing of your subapplication and may result in denial of project. The SOW, cost estimate, cost estimate narrative, work schedule and BCA must accurately mirror each other to be considered for funding. The budget narrative must include a detailed description of every cost estimate line-item, including the methodology used to estimate each cost.
Regulations: Subapplications that are inconsistent with state and federal HMGP regulations, or do not meet eligibility criteria will not be considered.
Duplication of Programs: HMGP funding cannot be used as a substitute or replacement to fund activities or programs that are available under other federal authorities, known as Duplication of Programs (DOP).
Time Extensions: Unless a time extension has been approved before the deadline, subapplications must be postmarked by the applicable deadline to be considered for funding.
CEQA Requirement: The subapplicant is responsible for complying with the regulations set forth in the California Environmental Quality Act (CEQA) (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000–15387). Environmental data is required for projects.
Environmental review is typically the most time consuming aspect of project funding approval.
SUBAPPLICANT MUST BE ABLE TO CHECK EVERY BOX TO QUALIFY FOR HMGP FUNDING.
City Council/RSA Agenda 127 Tuesday, January 10, 2023
SUBAPPLICATION FORMAT INSTRUCTIONS
Cal OES requires the following format to be used for all HMGP subapplications. Two complete subapplications must be submitted to Cal OES. Each subapplication must be in separate binders. The first copy is logged and retained for Cal OES records. The second copy will be forwarded to FEMA for review and final determination.
COMPLETE SUBAPPLICATION PACKAGE CONSISTS OF THE FOLLOWING:
TWO identical printed subapplications must be provided in 3-ring binders o Each binder section must be tabbed in the format outlined below o Each binder must be large enough to hold all of the contents o The use of additional binders is permitted as needed
o All printed attachments must be clearly titled
TWO identical CD-RWs must include functional electronic versions of all documents/attachments o Attachments must be in one of the following formats: Microsoft Word Version 2007 (or newer), Microsoft Excel or Adobe PDF
o Benefit-Cost Analysis (BCA) 5.3.0 must be included in a .zip file format o All electronic attachments must be clearly titled
ORGANIZATION OF THE BINDER SECTIONS MUST BE TABBED IN THE FOLLOWING FORMAT:
0. Table of Contents
1. Subapplication
2. Scope of Work
3. Designs
4. Studies
5. Maps
6. Photos
7. Schedule (Additional documentation work schedule components, Gantt chart, etc.)
8. Budget (HMGP Cost Estimate Spreadsheet and cost estimate narrative)
9. Match (Local Match Commitment Letter Template)
10. BCA Report (BCA Version 5.3.0 report and BCA supporting documentation)
11. Maintenance (Project Maintenance Letter Template)
12. Environmental (FEMA’s Site Information, Environmental Review and Checklist and all other environmental documentation)
13. Supporting Docs (Any extra supporting documentation) MAIL OR DELIVER COMPLETED SUBAPPLICATIONS TO:
California Governor’s Office of Emergency Services
Hazard Mitigation Grants Program Unit
Attention: HMGP
3650 Schriever Avenue
Mather, CA 95655
City Council/RSA Agenda 128 Tuesday, January 10, 2023
PROJECT SUBAPPLICATION FORM
SUBAPPLICANT INFORMATION
1. SUBAPPLICANT: City Of Union City
NAME OF STATE AGENCY, TRIBAL GOVERNMENT, LOCAL GOVERNMENT, PRIVATE NON-PROFIT OR SPECIAL DISTRICT APPLYING FOR FUNDING
2. TYPE: STATE/LOCAL GOVERNMENT TRIBAL GOVERNMENT PRIVATE NON-PROFIT SPECIAL DISTRICT
3. FIPS #: 001-81204 IF YOU DO NOT KNOW YOUR FEDERAL IDENTIFICATION PROCESSING SYSTEM NUMBER (FIPS #), REQUEST BY EMAILING THE [email protected] MAILBOX
4. DUNS #: 004939732 IF YOU DO NOT KNOW YOUR DATA UNIVERSAL NUMBERING SYSTEM (DUNS) #, CALL DUN & BRADSTREET (D&B) @ 1-866-705-5711 FOR INFORMATION
5. COUNTY: Alameda THE NAME OF THE COUNTY WHERE
THE PROPOSED PROJECT IS LOCATED
6. POLITICAL
DISTRICT
NUMBERS:
CONGRESSIONAL: 15
PROVIDE ONLY THE NUMBERS OF THE
STATE ASSEMBLY: 20 POLITICAL DISTRICTS FOR THE SUBAPPLICANT STATE LEGISLATIVE: 10
7. PRIMARY CONTACT:
POINT OF CONTACT FOR YOUR PROJECT. CAL OES WILL CONTACT THIS PERSON FOR QUESTIONS AND/OR REQUESTS FOR INFORMATION NAME: Mr. Ms. FIRST: Thomas LAST: Ruark
TITLE: Public Works Director
ORGANIZATION: City Of Union City
ADDRESS: 34009 Alvarado-Niles Road
CITY: Union City STATE: CA ZIP CODE: 94587
TELEPHONE: 510-675-5301 FAX: 510-489-9468
EMAIL: [email protected]
8. ALTERNATIVE CONTACT:
BACK-UP POINT OF CONTACT FOR YOUR PROJECT. CAL OES WILL CONTACT THIS PERSON IF PRIMARY CONTACT IS UNAVAILABLE NAME: Mr. Ms. FIRST: Murray LAST: Chang
TITLE: Engineer II
ORGANIZATION: City Of Union City
ADDRESS: 34009 Alvarado-Niles Road
CITY: Union City STATE: CA ZIP CODE: 94587
TELEPHONE: 510-675-5311 FAX: 510-489-9468
EMAIL: [email protected]
City Council/RSA Agenda 129 Tuesday, January 10, 2023
LOCAL HAZARD MITIGATION PLAN INFORMATION
9. LOCAL HAZARD MITIGATION PLAN (LHMP) REQUIREMENT:
A FEMA approved and locally adopted LHMP is required to receive federal funding for all project subapplication activities. Subapplicants for HMGP funding must have a FEMAapproved Mitigation Plan in place at the time of sub-award. Subapplication will be reviewed to ensure that the proposed activity is in conformance with subapplicant’s plan.
A. NAME/TITLE OF YOUR LHMP: Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan
B. LOCAL SINGLE JURISDICTIONAL
MULTIHAZARD MITIGATION PLAN: OR LOCAL MULTI JURISDICTIONAL MULTIHAZARD MITIGATION PLAN:
DATE SUBMITTED TO CAL OES: DATE SUBMITTED TO CAL OES: 12/30/16 DATE APPROVED BY FEMA: DATE APPROVED BY FEMA: 08/18/17
DATE ADOPTED BY LOCAL AGENCY: DATE ADOPTED BY LOCAL AGENCY: 07/11/17 LEAD AGENCY: City Of Union City
C. IF YOUR PROJECT IS REFERENCED IN YOUR LHMP, INDICATE WHERE THE PROPOSED PROJECT CAN BE FOUND; USE N/A FOR NOT APPLICABLE BOXES:
CHAPTER PART SECTION PAGE
2 Volume 2 2.9 2-15
DO NOT INCLUDE A COPY OF YOUR PLAN WITH SUBAPPLICATION.
D. PROVIDE A SHORT NARRATIVE DETAILING HOW YOUR PROJECT ALIGNS WITH THE RISK AND HAZARD ASSESSMENTS, STRATEGIES, GOALS AND/OR OBJECTIVES OF YOUR PLAN:
This project will provide the Senior Center, which also serves as the Emergency Operations Center for the City of Union City, an emergency power supply in the event of an earthquake or fire or during severe weather emergency. It is a critical facility and is essential to the overall population of the community as the City's emergency services personnel will be operating out of the Senior Center during an earthquake, fire, or severe weather emergency.
COMMUNITY INFORMATION
10. COMMUNITY PARTICIPATION:
A. CHECK BOX(ES) IF YOUR COMMUNITY PARTICIPATES IN ANY OF THE FACTORS BELOW:
Select a column appropriate to your type of project. Acronyms include: Community Wildfire Protection Plan (CWPP), California Environmental Quality Act (CEQA), Community Rating System (CRS) Plan and Unreinforced Masonry (URM) Participation.
FIRE FLOOD EARTHQUAKE
CWPP, FIRE WISE, FIRE SAFE CRS PLAN SHAKEOUT DRILL PARTICIPATION
CURRENT CEQA ACTIVITY CURRENT CEQA ACTIVITY CURRENT CEQA ACTIVITY
DEFENSIBLE SPACE HYDROLOGY STUDY URM PARTICIPATION
City Council/RSA Agenda 130 Tuesday, January 10, 2023
B. PROVIDE A NARRATIVE DESCRIPTION OF ALL OF FACTORS SELECTED FROM LIST ABOVE:
The City Of Union City participates in the Great ShakeOut Earthquake drills (this year wiil be on October 18, 2018).
C. IS YOUR JURISDICTION REQUIRED TO PROVIDE PUBLIC NOTICE OF THIS PROJECT? Yes No If yes, provide details: City Council will award project, which is public notice.
PROJECT INFORMATION
11. PROJECT TITLE: Senior Center Emergency Generator
MUST USE THE SAME PROJECT TITLE ORIGINALLY USED IN THE APPROVED NOTICE OF INTEREST (NOI). IF YOU NEED TO CHANGE YOUR PROJECT TITLE, CONTACT CAL OES AT [email protected]
12. PROJECT LOCATION:
A. IDENTIFY THE COUNTY/COUNTIES WHERE THE ACTIVITY WILL OCCUR:
Alameda
B. LATITUDE/LONGITUDE COORDINATES:
FEMA requires that all projects be geo-coded using latitude and longitude (lat/long) using NAD-83 or WGS-84 datum. The lat/long coordinates must be expressed in degrees including five or more decimal places (e.g., latitude 36.999221, longitude –109.044883).
LATITUDE LONGITUDE
37.588910 -122.027977
IF THERE ARE MORE THAN ONE SET OF LAT/LONG COORDINATES, PROVIDE ON SEPARATE DOCUMENT AND ADD TO MAP SECTION OF BINDER.
C. STRUCTURE COORDINATES:
• For projects that protect buildings or other facilities, provide coordinates for each structure at either the front door of the structure or the intersection of the public road and driveway that is used to access the property.
• For large activity areas, such as detention basins or vegetation management projects, the location must be described by three or more coordinates that identify the boundaries of the project. • The polygon created by connecting the coordinates must encompass the entire project area.
37.588569, -122.027916 (coordinates of the intersection of the public road and driveway that is used to access the property).
D. STAGING AREA:
Describe the project staging area. This is the area where the project equipment, materials and/or debris will be staged. Include a vicinity map with the proposed staging area(s) in the map section of the binder.
Staging area is the parking lot of the Senior Center as shown on the Preliminary Plan and vicinity map in the design and maps (sections 3 and 5) of the binder.
AERIAL MAP(S) OF STAGING AREA(S) MUST BE INCLUDED IN SUBAPPLICATION.
City Council/RSA Agenda 131 Tuesday, January 10, 2023
E. SEA LEVEL RISE (SLR):
1. Is the risk to the project increased by SLR due to project location and project activity type? Yes No
2. Was SLR considered and included in the mitigation measures implemented in this project? Yes No
F. SITE PHOTOS:
A minimum of three ground photos per project site are required. Include in photo section of the binder.
G. MAPPING REQUIREMENTS:
Provide the following mapping elements in the map section of the binder:
If project area has been mapped using GIS software, include the completed Shapefiles on CD-RW.
Include a vicinity map of the general area showing major roads. Aerial photographs may be used as vicinity maps.
Prominently mark the project location on the vicinity map.
Provide a detailed project map that clearly identifies the project boundaries.
Project map must show all lat/long coordinates provided in the project description.
Vicinity map and the project map must both have a north arrow and scale.
DO NOT SEND ROLLED MAPS – MAPS MUST BE FOLDED UNTIL 8.5” x 11” IN SIZE.
H. PUBLIC ASSISTANCE (PA) PROGRAM FUNDING:
List any Public Assistance Disaster Survey Reports (DSR) or Project Worksheets (PWs) that were completed at the project location from previous disasters. List all current engagement with PA for this current disaster and include date(s) if known:
N/A
I. DEED RESTRICTIONS THAT LIMIT FEDERAL FUNDING:
Is there a deed restriction or permanent conservation easement on the property at the project site that would prohibit federal disaster funding (e.g., a previously FEMA funded acquisition of a structure on this property)? If yes, describe in detail.
No.
13. PROJECT DESCRIPTION:
A. APPLICATION TYPE:
Project 5% Activity
5% activities are defined as mitigation actions that are consistent with your local hazard mitigation plan and meet all HMGP requirements, but may be difficult to conduct a standard BCA to prove cost-effectiveness. Examples: early earthquake warning system, back-up generators for critical facilities, public awareness campaign, mitigation specific community outreach activities.
B. PROJECT TYPE:
Select at least one project type; select as many as needed to accurately describe project.
City Council/RSA Agenda 132 Tuesday, January 10, 2023
EARTHQUAKE FIRE FLOOD OTHER
CODE
ENFORCEMENT DEFENSIBLE SPACE ACQUISITION CRITICAL FACILITY GENERATOR(S)
NON-STRUCTURAL FIRE RESISTANT
BUILDING MATERIALS
DRY FLOOD
PROOFING DROUGHT TSUNAMI
STRUCTURAL FIRE VEGETATION
MANAGEMENT FLOOD CONTROL WIND
NON-STRUCTURAL
& STRUCTURAL SOIL STABILIZATION ELEVATION OTHER:
CLIMATE RESILIENCY MITIGATION ACTION (CRMA): Projects that mitigate risk through restoration of the natural environment C. DESCRIBE PROBLEM/HAZARDS/RISKS:
Describe the problem this project is attempting to solve and the expected outcome.
Describe the hazards and risks to life, safety and any improvements to property in the project area for at least the last 25 years. Describe in detail how the project reduces hazard effects and risks.
Hazards being addressed are earthquake, fire, and severe weather. This project is attempting to solve the loss of power during these hazards. The expected outcome is emergency power for the Senior Center, which also serves as the City's Emergency Operations Center (EOC). The hazards and risks to life and safety are the lack of power in the event that any of these natural disasters result in the inability of emergency response teams to help the City's residents and businesses with emergency issues. Improvements to the property in the project area include the construction of the Senior Center in 1997 with a small 20 KW backup generator fueled by a natural gas pipeline. The proposed project (130 KW emergency diesel generator) will reduce the hazard effects and risks by providing enough power for emgergency response teams' lighting, computers, communication devices, and other electrical needs. The proposed generator will include a self-contained 8-hour fuel capacity and will eliminate the existing backup generator, which is undersized and currently relies on an external natural gas pipeline that could break and not be available during an earthquake.
D. DESCRIBE RECENT EVENTS THAT INFLUENCED THE SELECTION OF THIS PROJECT:
Describe recent events (e.g. changes in the watershed, discovery of a new hazard, zoning requirements, inter-agency agreements, etc.) that influenced the selection of this project.
The existing generator is 21 years old, deteriorating, and in need of replacement. It also runs on natural gas, which may not be available during an earthquake, flood, or severe weather event. Additionally, having the Senior Center function as the City's EOC results in the need for a larger, more reliable emergency backup generator.
E. SCOPE OF WORK (SOW):
STATE EXACT SOW DOCUMENT TITLE: Scope of Work for the Senior Center Emergency Generator
1. Describe the entire SOW of the project in clear, concise, ample detail.
2. Must provide a thorough description of all tasks and activities to be undertaken.
3. Must be written in sequential order from start to finish of the project.
4. Describe any land acquisition activities, and/or right-of-way or access easements that need to be obtained.
5. If structural, discuss how the structure/building/facility will be constructed or retrofitted.
6. Include building or structure dimensions, material types, depth and width of excavations, volume of materials excavated, type of equipment to be used, staging and parking areas, and any phasing of the project.
City Council/RSA Agenda 133 Tuesday, January 10, 2023
7. If any tunneling is proposed, describe the method and any temporary trenches or pits.
8. Describe any demolition activities that need to occur prior to construction or retrofitting.
INSERT THIS DOCUMENT IN THE SOW SECTION OF THE BINDER.
F. HAS YOUR JURISDICTION PREVIOUSLY RECEIVED HMGP FUNDING? Yes No Unknown If yes, provide disaster number(s):
G. HAS YOUR JURISDICTION RECEIVED ANY OTHER FUNDING?
Describe all other funding received for this project and all other recent projects. Identify the funding source (i.e., Federal, State, Private, etc.).
No.
H. RELATED PROJECTS:
Describe any other projects or project components (whether or not funded by FEMA), which may be related to the proposed project, or are in (or near) the proposed project area. FEMA must look at all projects to determine a cumulative effect. FEMA reviews all interrelated projects under NEPA regulations.
N/A
I. HAZARD ANALYSIS TYPE:
Select the hazard(s) below that this project will protect against. Select as many as needed.
BIOLOGICAL EARTHQUAKE LAND SUBSIDENCE TERRORIST
CHEMICAL FIRE MUD/LANDSLIDE TORNADO
CIVIL UNREST FISHING LOSSES NUCLEAR TOXIC SUBSTANCES
COASTAL STORM FLOOD SEVERE ICE STORM TSUNAMI
CROP LOSSES FREEZING SEVERE STORM(S) WINDSTORM
DAM/LEVEE BREAK HUMAN CAUSE SNOW OTHER (describe below):
DROUGHT HURRICANE SPECIAL EVENTS
J. DESIGN PLANS:
If your project requires design plans, plans should be prepared to supplement the SOW and attached in the design section of the binder. If the project involves ground disturbance, (e.g. enlarging ditches or culverts, diversion ditches, detention basins, storm water improvements, etc.) include the following:
1. Scale: Plans should be drawn to scale (e.g. 1’’ to 100’ or 1’’ to 200’) depicting the entire land parcel, showing buildings, improvements, underground utilities, other physical features, dimensions and cross sections.
2. Identification: Indicate agency name, land owner, civil engineer, soil engineer, geologist, map preparer, and date of map preparation. Also, indicate the name of the project.
3. Legend/Orientation: Include a legend explaining all lines and symbols. Identify property acreage and indicate direction with a north arrow (pointing to top or right hand side of the plan).
4. Dimensions: Show property lines and dimensions. Also, show boundary lines of project and their dimensions if only a portion of the property is being utilized for the project.
5. Structures: Identify all existing and proposed buildings and structures including storm drains, driveways, sidewalks and paved areas.
6. Utilities: Indicate names and location of utilities on property (water, sewage, gas, electric, telephone, cable).
7. Roads/Easements: Indicate location, names, and centerline of streets and recorded roads. Identify any utility, drainage or right-of-way easements on the property.
8. Drainage: Show the location, width and direction of flow of all drainage courses on site.
9. Grading/Topographic Information: Show existing surface contours on-site and bordering the property.
10. Parking: Show all construction parking and staging areas and provide dimensions.
City Council/RSA Agenda 134 Tuesday, January 10, 2023
11. Cross Sections: Provide cross sections of proposed buildings, structures or other improvements, and any trenches, temporary pits or catchment basins.
If applicable, provide studies and engineering documentation, including any Hydrology and Hydraulics (H&H) data.
If applicable, provide drawings or blueprints that show the footprint and elevations.
DO NOT SEND PRINTED COPIES OF DESIGN PLANS, DRAWINGS OR BLUE PRINTS LARGER THAN 8.5’ x 11” SIZE. DO NOT SEND ROLLED COPIES (FOLD TO OBTAIN 8.5” x 11” SIZE).
K. PROJECT ALTERNATIVES:
Identify three project alternatives:
1. ALTERNATIVE #1 – NO ACTION:
Describe the No Action alternative below. The No Action alternative evaluates the consequences of taking no action and leaving conditions as they currently exist.
If no action is taken and an earthquake, fire, or severe weather hazard occurs and electric or natural gas power is unavailable, then the City's emergency response teams may not be able to help the City's citizens with emergency issues.
Communications lines, lighting, computers, and other devices requiring power may also be down, preventing prompt responses to the City's emergency issues.
2. ALTERNATIVE #2 – PROPOSED ACTION:
Describe the Proposed Action alternative below. The Proposed Action alternative is the proposed project to solve the problem. Explain why the proposed action is the preferred alternative. Identify how the preferred alternative will solve the problem, why the preferred alternative is the best solution for the community, why and how the alternative is environmentally preferred and why the project is the economically preferred alternative.
The Proposed Action, Senior Center Emergency Generator project, is a 130 KW emergency diesel generator that will reduce the hazard effects and risks by providing enough power for emgergency response teams' lighting, computers, communication devices, and other electrical needs. The proposed generator will include a selfcontained 8-hour fuel capacity and will replace the existing backup generator, which is undersized and currently relies on an external natural gas pipeline that could break during an earthquake.
It is the preferred alternative and the best solution for the community because it provides a reliable emergency backup power supply that mitigates several potential hazards (earthquake, fire, and severe weather conditions).
The proposed Senior Center Emergency Generator project is environmentally prefered over a natural gas generator since a natural gas line could break during a hazard. It is the economically prefered alternative to #1, which would not save lives during an emergency and alternative #3, which relies on other more expensive fuel (propane vs. diesel) and has a shorter generator life. Gasoline was not considered a viable alternative due to its flammability and inefficiency.
3. ALTERNATIVE #3 – SECOND ACTION ALTERNATIVE:
Describe the Second Action alternative below. The Second Action alternative described must also solve the described problem. State why this alternative wasn’t chosen. It must be a viable project that could be substituted in the event the proposed action is not chosen.
City Council/RSA Agenda 135 Tuesday, January 10, 2023
An emergency generator fueled by propane would also solve the emergency power problem during an earthquake, fire, or severe weather. However, this alternative was not chosen for the following reasons:
1) fuel system is more complicated with an increased possiblity of failure; 2) the need for a pressurized cylinder of flammable gas in a fairly open area; 3) fuel system plumbing that results in higher installation costs; 4) highly dangerous fuel (propane) if fuel line is broken; 5) higher initial cost of generator for propane (15%-20%); 6) more expensive to operate by as much as 3 times the fuel consumption compared to diesel;
7) shorter life expectancy by a factor of 10:1 for air-cooled models and 3:1 for watercooled models compared to diesel powered gen-sets; and 8) shorter life spans than diesel generators.
City Council/RSA Agenda 136 Tuesday, January 10, 2023
WORK SCHEDULE INFORMATION
14. PROJECT WORK SCHEDULE:
The intent of the work schedule is to provide a realistic appraisal of the time and components required to complete the project. Describe each of the major work elements and milestones in the description section below.
Project subapplication examples are: construction,
architectural, design, engineering, inspection, testing, permits, project management, mobilization and de-mobilization.
State the total timeframe anticipated for each of the work elements.
State the total timeframe anticipated to complete the project. Work schedule must mirror SOW, budget and BCA. OPTIONAL:
Provide the work schedule in Gantt chart form as
supplemental documentation in the work schedule section of the binder Include this information as an example.
WORK SCHEDULE EXAMPLE
# DESCRIPTION TIMEFRAME
1. Kick-off, 90% design meetings 3 months
2. Final contract drawing development 5 months
3. Open bids and award contract 4 months
4. Construction – Mobilization 5 months
5. Construction – Demolition 4 months
6. Construction – Concrete and conduit work 2 months
7. Construction – Trenching 2 weeks
8. Construction – Utility relocation 4 months
9. Construction – Electrical Installation 1 month
10. Construction – Site Restoration 1 week
11. Construction – Complete punch list 2 months
12. Construction – Demobilization 1 week
13. Project Close-out and record drawings 2 months
14. Grant Close out 3 months
TOTAL MONTHS: 36 months
TOTAL PROJECT DURATION (INCLUDING CLOSE-OUT) MUST NOT EXCEED A 36 MONTH PERIOD OF PERFORMANCE (POP).
# DESCRIPTION TIMEFRAME
1. Environmental Review/CEQA Documents 6 months
2. Kick-off, 50%, & 90% design meetings 2 months
3. Final contract drawing development 2 months
4. Open bids and award contract 2 months
5. Construction - Mobilization, Traffic Control, SWPPP 1 week
6. Construction - Demolition 1 week
7. Construction - Trenching and backfilling 2 weeks
8. Construction - Concrete and conduit work 2 weeks
9. Construction - Electrical installation including Genset, ATS & Wiring 1 week
10. Construction - Meter & Main Switchboard 1 week
11. Construction - Fencing & Posts 1 week
12. Construction - Site Restoration 1 week
13. Construction - Complete punch list 1 week
14. Construction - Demobilization 1 week
15. 16.
17. 18. Project Close-out 1 week
19. STANDARD VALUE (DO NOT CHANGE) Grant Close-out 3 months TOTAL MONTHS: 18 months
If more lines are needed than provided, indicate the title of document in box 1 and attach a separate work schedule in the schedule section of binder.
City Council/RSA Agenda 137 Tuesday, January 10, 2023
COST ESTIMATE INFORMATION
15. HMGP COST ESTIMATE SPREADSHEET:
A. COST ESTIMATE INSTRUCTIONS:
Using the HMGP Cost Estimate
Spreadsheet, provide a detailed cost estimate
breakdown.
• Cost estimate describes the anticipated costs
associated with the SOW for the proposed
mitigation activity. Cost estimates must include
detailed estimates of cost item categories.
• Only include costs that are directly related to
performing the mitigation activity. If additional
work, such as remodeling, additions, or
improvements are being done concurrently with
the mitigation work, do not include these costs
in the submitted budget.
• Documentation that supports the budget must
be attached to the subapplication in the budget
section of the binder.
• Total costs must be consistent with the
requested federal share plus the matching funds
and must be consistent with the project cost in
the Benefit-Cost Analysis (BCA), SOW and work
schedule.
HMGP COST ESTIMATE SPREADSHEET EXAMPLE
# ITEM NAME Unit
Qty UNIT UNIT COST
COST EST
TOTAL
1. Pre-Award Costs: Develop BCA 4 HR $150 $600
2. Temp. Inlet Filter Rolls 4 EA $250 $1000
3. Temp. Fiber Roll 1850 LF $3 $5550
4. Hydraulic Mulch 1000 SQYD $2 $2000
5. Plane Asphalt Concrete Pavement 650 SQYD $22 $14300
6. Street Sweeping for 30 days 30 EA $350 $10500
7. Roadway Excavation 70 CY $40 $2800
8. Aggregate Base, Class 2 210 CY $75 $15750
9. Remove Concrete Pavement 650 SQYD $340 $10540
10. Asphalt Concrete, Type B 180 TON $150 $27000
11. Asphalt Concrete, Leveling 10 TON $300 $3000
12. Asphalt Concrete Dike, Type A 235 LF $15 $3525
13. Asphalt Concrete Dike, Type F 125 LF $8 $120
14. Place Asphalt Concrete 15 SQFT $8 $120
15. 18" Corrugated Steel Pipe Riser 5 LF $125 $625
16. 24" Reinforced Concrete Pipe 275 LF $170 $46750
17. 84" Reinforced Concrete Pipe Install 572 LF $400 $228800
18. Precast Triple Concrete Box Culvert 44 LF $1500 $66000
19. Curb Inlet - Type B-1 (L=9') 1 EA $6000 $6000
20. Curb Inlet - Type B-1 (L=13') 1 EA $6300 $6300
21. Curb Inlet - Type B-1 (L=15') 1 EA $6800 $6800
22. Storm Drain Cleanout - Type A-8 3 EA $7500 $22500
23. 8" PVC Sewer 89 LF $100 $8900
24. Cellular Block (Precast) 4100 SQFT $20 $82000
25 Project Identification Sign 2 EA $1000 $2000
Total Project Cost Estimate: $573480
B. INELIGIBLE COSTS:
The following are ineligible line items:
• Lump Sums • Contingency Costs • Miscellaneous Costs
• “Other” Costs • Indirect Charges • Overhead Costs
• Cents (must use whole dollar amounts, round unit prices up to whole dollars) C. PRE-AWARD COSTS:
Eligible pre-award costs are costs incurred after the disaster date of declaration, but prior to grant award. Pre-award costs directly related to developing the application may be funded. • Developing a BCA • Preparing design specifications
• Submission of subapplication • Gathering environmental and historic data • Workshops or meetings related to development
Subapplicants who are not awarded funds will not receive reimbursement for pre-award costs.
D. COST ESTIMATE NARRATIVE:
FEMA requires a cost estimate narrative that explains all projected expenditures in detail. The cost estimate narrative is intended to mirror the cost estimate spreadsheet and should include a full detailed narrative to support the cost estimates listed in the HMGP Project Cost Estimate Spreadsheet.
If your cost estimate includes City, County, or State employees’ time (your agency), include personnel titles and salary/hourly wages plus benefits for a total hourly cost. Detailed timesheets must be retained.
Title the document “Cost Estimate Narrative” and include in the budget section of the binder.
City Council/RSA Agenda 138 Tuesday, January 10, 2023
16. FEDERAL/NON-FEDERAL SHARE INFORMATION:
A. FUNDING RESTRICTIONS:
HMGP funding is restricted to a maximum of $5 million federal share for each project subapplication. FEMA will contribute up to 75 percent of the total project cost. A minimum of 25 percent of the total eligible costs must be provided from a non-federal source. State does not contribute to local cost share.
For example: For a project with a total project cost of $6,250,000, the federal requested share (75 percent) would be $4,687,500. The non-federal match share (25 percent) provided would be $1,562,500.
A jurisdiction may contribute an amount greater than the 25 percent non-federal share.
For example: for a $10,000,000 total project cost, the federal requested share cannot exceed $5,000,000. Therefore, the non-federal match provided must be $5,000,000, which exceeds 25 percent of the total cost share. The sum of the non-federal and federal shares must equal the total project cost.
B. TOTAL PROJECT COST ESTIMATE: $400,460
VERIFY ALL
AMOUNTS
ENTERED ARE
ACCURATE.
INCORRECT
AMOUNTS
WILL DELAY
PROCESSING
OF YOUR
SUBAPPLICATION.
Enter total cost formulated on HMGP
Cost Estimate Spreadsheet
ENTER $ IN BOX ABOVE
FEDERAL
SHARE
(75% MAXIMUM)
REQUESTED
AMOUNT:
$300,000
ENTER $ IN BOX ABOVE
PERCENTAGE
AMOUNT:
75%
ENTER % IN BOX ABOVE
NON-FEDERAL
SHARE
(25% MINIMUM)
REQUESTED
AMOUNT:
$100,460
ENTER $ IN BOX ABOVE
PERCENTAGE
AMOUNT:
25%
ENTER % IN BOX ABOVE
C. NON-FEDERAL MATCH SOURCE: MATCH COMMITMENT LETTER:
Use the Local Match Commitment Letter Template to complete this section and add completed letter to the match section of the binder.
A signed Match Commitment Letter must be provided on agency letterhead. The non-federal source of matching funds must be identified by name and type. If “other” is selected for funding type, provide a description. Provide the date of availability for all matching funds. Provide the date of the Funding Match Commitment Letter. The funds must be available at the time of submission unless prior approval has been received from Cal OES.
If there is more than one non-federal funding source, provide the same information for each source on an attached document.
Match funds must be in support of cost items listed in the cost estimate spreadsheet. Requirements for donated contributions can be found in 2 CFR 200.306.
City Council/RSA Agenda 139 Tuesday, January 10, 2023
BENEFIT/COST EFFECTIVENESS INFORMATION
17. BENEFIT/COST EFFECTIVENESS INFORMATION
A. BCA INSTRUCTIONS:
FEMA will only consider subapplications from subapplicants that use a FEMA-approved methodology to conduct the Benefit-Cost Analysis (BCA). BCA must be legible, complete and well-documented.
Project BCAs must demonstrate cost-effectiveness through a Benefit-Cost Ratio (BCR) of 1.0 or greater.
Projects with a BCR of less than 1.0 will not be considered for funding. Total project cost must be used in the BCA.
Maintenance of a completed HMGP project is not an eligible reimbursement activity, but must be included in the BCA.
BCA Version 5.3.0 is the only software that is allowed to conduct a BCA. Some project types may qualify for pre-calculated benefits. Additional information on the BCA Toolkit is available at: https://www.fema.gov/benefit-cost-analysis.
The FEMA BCA Technical Assistance Helpline is available to provide assistance with FEMA’s BCA software by calling 1-855-540-6744 or via email at [email protected]. The FEMA helpline is only to be utilized for technical assistance questions. The FEMA helpline will not verify the accuracy of your BCA.
B. BCA INFORMATION:
Once the BCA is completed, enter information requested below.
1. NET PRESENT VALUE OF PROJECT BENEFITS: N/A - 5% Activity
2. TOTAL PROJECT COST ESTIMATE: $400,460
3. BENEFIT-COST RATIO: N/A - 5% Activity
C. ANALYSIS TYPE:
FLOOD WILDFIRE EXEMPT (5% PROJECTS) EARTHQUAKE
HURRICANE WIND DROUGHT PRE-CALCULATED LANDSLIDE
DAMAGE FREQUENCY ASSESSMENT (DFA)
D. ANALYSIS DATE (date BCA was conducted): N/A - 5% Activity E. PROVIDE BCA HARD AND SOFT COPIES IN FORMAT DESCRIBED BELOW:
Copy the exported BCA in a .zip file format and add to the CD-RW.
Provide a hard copy of the report in the BCA section of the binder.
City Council/RSA Agenda 140 Tuesday, January 10, 2023
MAINTENANCE ASSURANCE INFORMATION
18. PROJECT MAINTENANCE INFORMATION:
A. MAINTENANCE ASSURANCE LETTER:
Using the Project Maintenance Letter Template, identify all maintenance activities required to preserve the long-term mitigation effectiveness of the project. Examples of maintenance include: inspection of the project, cleaning and grubbing, trash removal, replacement of worn out parts, etc.
Attach a maintenance schedule, estimated annual costs, and a signed maintenance commitment letter for the useful life of the project.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)
19. NFIP INFORMATION:
CONTACT YOUR COUNTY OR LOCAL FLOODPLAIN ADMINISTRATOR FOR NFIP INFORMATION.
A. NFIP PARTICIPATION:
1. Is the jurisdiction where the project is located participating in the NFIP?
YES NO
a. If yes, are they in good standing? YES NO
b. If no, explain:
B. PROJECT LOCATION:
1. Is this project located in a floodplain or floodway designated on a FEMA Flood Insurance Rate Map (FIRM)?
YES NO
a. Mark the project location on the FIRM and attach to subapplication in the maps section of the binder.
2. Provide the following information for the location of the project:
a. FIRM panel number: 0434
b. FIRM zone designations: X
c. NFIP community ID number: 060014
C. LAST COMMUNITY ASSISTANCE VISIT (CAV) DATE: March 22, 2018
ENVIRONMENTAL INFORMATION
20. ENVIRONMENTAL INFORMATION:
A. FEMA ENVIRONMENTAL CHECKLIST:
Complete the FEMA Site Information, Environmental Review, and Checklist and attach to the environmental section of the binder. Provide a detailed response to each question.
Attach supporting documentation in compliance with FEMA’s frontloading requirements.
City Council/RSA Agenda 141 Tuesday, January 10, 2023
PRINT THIS PAGE - ORIGINAL SIGNATURE IS REQUIRED
PROJECT CONDITIONS
Indicate by checking each box below that you will adhere to these listed project conditions.
El If during implementation of the project, ground-disturbing activities occur and artifacts or human remains are uncovered, all work will cease and FEMA, Cal OES, and the State Historic Preservation Officer (SHPO) will be notified.
Z If deviations from the approved scope of work result in design changes, the need for additional ground disturbance, additional removal of vegetation, or will result in any other unanticipated changes to the physical environment, FEMA will be contacted and a re-evaluation under NEPA and other applicable environmental laws will be conducted.
Z If wetlands or waters of the U.S. are encountered during implementation of the project, not previously identified during project review, all work will cease and FEMA will be notified.
Z Due to the Federally mandated Environmental and Historic Preservation (EHP) review; no construction will occur for this project prior to FEMA and Cal OES approval.
AUTHORIZATION
The undersigned does hereby submit this subapplication for financial assistance in accordance with the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) and the State Hazard Mitigation Administrative Plan and certifies that the subapplicant (e.g., organization, city, or county) will fulfill all requirements of the program as contained in the program guidelines and that all information contained herein is true and correct to the best of our knowledge.
Subapplicant Authorized Agent
NAME: Anthony Acosta
TITLE: City Manager
ORGANIZATION: City Of Union City
SIGNATURE:
DATE:
14-16‘45-1-- zoie,
City Council/RSA Agenda 142 Tuesday, January 10, 2023
City Council/RSA Agenda 143 Tuesday, January 10, 2023
City Council/RSA Agenda 144 Tuesday, January 10, 2023
City Council/RSA Agenda 145 Tuesday, January 10, 2023
City Council/RSA Agenda 146 Tuesday, January 10, 2023
Oakland, California 94607
U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
December 15, 2021
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4344-375-029F
Union City, California
Critical Facility Emergency Generator, Phase 2
FIPS Code: 001-81204, Supplement 246
Dear Mr. Ghilarducci:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the Union City, HMGP DR-4344-375-029F, Critical Facility Emergency Generator, Phase 2.
The total project cost for Phase 2 is $370,760. As shown in the enclosed Obligation Report - Supplement 246, we are obligating $278,070 for the 75 percent Federal share; the 25 percent non-Federal share is $92,690. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:
Project Phase: Federal Share: Non-Federal Share: Total Project Cost:
Phase 1,
Supplement 111
$ 22,275 $ 7,425 $ 29,700
Phase 2,
Supplement 246
$278,070 $ 92,690 $370,760
TOTALS $300,345 $100,115 $400,460
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – This grant will install a 180-kw emergency diesel generator at the Union City Senior Center and will include a self-contained, 8-hour fuel capacity to replace the existing backup generator. Construction for the new generator consists of demolition of the existing site, including tree removal, and construction of concrete pads to support the new generator and the automatic transfer switch. The project will provide the Senior Center an emergency power supply in the event of an earthquake, fire or during severe weather emergency. In addition, the center is a critical facility that also serves as the Emergency Operations Center for Union City.
www.fema.gov
City Council/RSA Agenda 147 Tuesday, January 10, 2023
Mark S. Ghilarducci
December 15, 2021
2. Project Completion Date – The work schedule included with the project application indicates that Phase 2 will take 15 months to complete; therefore, the project completion date is March 15, 2023. Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension.
3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA.
Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.
4. Record of Environmental Considerations (REC) – This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01: Categorical Exclusion N18 has been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.
5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact Thomas Berry, Sr. Grants Management Specialist, by email [email protected], or phone (510) 627-7180.
Sincerely,
Digitally signed by KATHRYN J
KATHRYN J LIPIECKI LIPIECKI
Date: 2021.12.15 10:47:57 -08'00'
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (3):
Obligation Report - Supplement 246
Record of Environmental Considerations (REC)
Standard Mitigation Grant (HMGP) Conditions
cc:
Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Dr. Jacy Hyde, Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 City Council/RSA Agenda 148 Tuesday, January 10, 2023
RESOLUTION NO. XXXX-23
ADOPT A RESOLUTION ACCEPTING A HAZARD MITIGATION GRANT
PROGRAM (HMGP) AWARD, IN THE AMOUNT OF $300,345, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), U.S.
DEPARTMENT OF HOMELAND SECURITY, APPLICATION NO. DR-4344-375- 029F, FOR THE FINAL DESIGN AND CONSTRUCTION OF THE RUGGIERI SENIOR CENTER GENERATOR UPGRADE PROJECT, CITY PROJECT NO. 18-17; INCREASING THE REVENUE PROJECTION IN THE CAPITAL PROJECTS FUND (FUND 4100) BY $278,070; AND APPROPRIATING $160,000 FROM THE CAPITAL FACILITIES IMPROVEMENTS FUND (FUND 4110) AS THE REQUIRED LOCAL MATCH, FOR A TOTAL PROJECT COST OF $460,345 WHEREAS, the Federal Emergency Management Agency (FEMA) under the United States (U.S.) Department of Homeland Security sponsors the Hazardous Mitigation Grant Program (HMGP) that provides funding to state, local, tribal, and territorial governmental agencies for the development of Hazard Mitigation Plans and to rebuild in a way that reduces, or mitigates, future disaster losses in their communities; and WHEREAS, Union City developed and adopted the Union City/Newark MultiJurisdiction Hazard Mitigation Plan in December 2016 and this locally adopted Hazard Mitigation Plan is required to qualify and receive funding from FEMA for the hazard mitigation projects; and
WHEREAS, the Ruggieri Senior Center is identified in the Union City/Newark Multi-Jurisdiction Hazard Mitigation Plan as a critical facility that serves as the Emergency Operations Center for the City in the event of an earthquake, fire or during a severe weather emergency and acquiring a new emergency back-up generator is essential for the City’s emergency services to be carried out from this facility during the event of an emergency; and
WHEREAS, on May 23, 2017, the City Council of Union City approved City Council Resolution No. 5070-17 designating the City Manager as authorization agent for all the matters pertaining to State Disaster Assistance and Agreements as Required by the California Governor’s Office of Emergency Services (OES) allowing the City Manager to execute in the name of Union City all grants, including applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant projects; and
WHEREAS, on July 2, 2018, Public Works submitted a Hazardous Mitigation Grant Program (HMGP) Subapplication to the California Office of Emergency Services (OES) for the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, in the amount of $400,360, which includes a 75% federal grant in the amount of $300,000 City Council/RSA Agenda 149 Tuesday, January 10, 2023
and a 25% local match in the amount of $100,360 and once the grant was approved, this same Subapplication was resubmitted on September 2, 2018; and WHEREAS, on July 2, 2020, Union City received a notification from the California OES approving funds in the amount of $22,275 for Phase 1, the Design Phase, of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, which required a local match of $7,425, totaling $29,700; and WHEREAS, on April 5, 2021, the City Manager entered into a Consulting Services Agreement with Belden Consulting Engineers of Pleasanton, CA (C5732), in the amount of $15,200 for the Phase 1 Design Phase to prepare the final design plans and specifications for the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17; and WHEREAS, during the design phase, the Consultant refined the generator project design and identified design elements not included in the original concept which increased the overall project and allowed Union City to report back to FEMA; and WHEREAS, on December 15, 2021, Union City received a letter from FEMA approving funds, in the amount of $370,760, for Phase 2, the Construction Phase, of Senior Center Generator Upgrade Project, City Project No. 18-17, which included a 75% Federal Grant, in the amount of $278,070, and a 25% local match in the amount of $92,690 (Exhibit A); and
WHEREAS, in this same letter, FEMA refined the Federal and Non-Federal Share for the total project cost for Phase 1, the Design Phase, and Phase 2, the Construction Phase, of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17, which includes a 75% Federal Grant, in the amount of $300,345, and a 25% local match, in the amount of $100,115; and
WHEREAS, on June 28, 2022, the City Manager entered into the First Amendment to the Consulting Services Agreement, C5732b, with Belden Consulting Engineers, in the amount of $800, for additional design services to complete the project plans and to increase the contract amount to $16,000; and
WHEREAS, FEMA’s HMGP Award identifies a required local match for Phase 1, the Design Phase, and Phase 2, the Construction Phase, totaling $100,115 from the City of Union City, but with recent cost increases, the local match including additional construction costs has been increased to $160,000 to complete the project; and WHEREAS, the local match in the amount of $160,000 to complete the project will be funded with funds in the unassigned fund balance of the Capital Facilities Improvement Fund (Fund 4110).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Union City hereby accepts the $300,345 fund from FEMA, Application No. DR-4344-375-029F, for the final design and construction of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17; and
City Council/RSA Agenda 150 Tuesday, January 10, 2023
BE IT FURTHER RESOLVED that the City Council of the City of Union City authorizes: (1) increasing the FY 2022-2023 revenue projection in the Capital Projects Fund, Account Number 4100-91817-44041 (Capital Projects Fund – FEMA Grants) by $278,070; (2) Appropriating the $160,000 local match from the unassigned fund balance of the Capital Facilities Improvement Fund (Fund 4110) to Account Number 4110-3199- 91817-54111 (Capital Facilities Improvement Fund – PW General – Ruggieri Senior Center Generator Upgrade Project – Contractual Services); and (3) Approving a budget transfer of $160,000 from the Capital Facilities Improvement Fund, Account Number 4110-3199-91817-54111, to the Capital Projects Fund, Account Number 4100-3199- 91817-54111 (Capital Projects Fund – PW General – Ruggieri Senior Center Generator Upgrade Project – Contractual Services); and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the Applicant’s ability to implement and deliver the proposed Project; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the required budget appropriation and the use of those funds for the design and construction of the Ruggieri Senior Center Generator Upgrade Project, City Project No. 18-17.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of January 2023, by the following vote:
City Council/RSA Agenda 151 Tuesday, January 10, 2023
Oakland, California 94607
U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
December 15, 2021
Mark S. Ghilarducci, Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP DR-4344-375-029F
Union City, California
Critical Facility Emergency Generator, Phase 2
FIPS Code: 001-81204, Supplement 246
Dear Mr. Ghilarducci:
We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the Union City, HMGP DR-4344-375-029F, Critical Facility Emergency Generator, Phase 2.
The total project cost for Phase 2 is $370,760. As shown in the enclosed Obligation Report - Supplement 246, we are obligating $278,070 for the 75 percent Federal share; the 25 percent non-Federal share is $92,690. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:
Project Phase: Federal Share: Non-Federal Share: Total Project Cost:
Phase 1,
Supplement 111
$ 22,275 $ 7,425 $ 29,700
Phase 2,
Supplement 246
$278,070 $ 92,690 $370,760
TOTALS $300,345 $100,115 $400,460
This HMGP project approval and obligation of funds are subject to the following conditions:
1. Scope of Work (SOW) – This grant will install a 180-kw emergency diesel generator at the Union City Senior Center and will include a self-contained, 8-hour fuel capacity to replace the existing backup generator. Construction for the new generator consists of demolition of the existing site, including tree removal, and construction of concrete pads to support the new generator and the automatic transfer switch. The project will provide the Senior Center an emergency power supply in the event of an earthquake, fire or during severe weather emergency. In addition, the center is a critical facility that also serves as the Emergency Operations Center for Union City.
www.fema.gov
City Council/RSA Agenda 152 Tuesday, January 10, 2023
Mark S. Ghilarducci
December 15, 2021
2. Project Completion Date – The work schedule included with the project application indicates that Phase 2 will take 15 months to complete; therefore, the project completion date is March 15, 2023. Please inform the sub-recipient that work completed after this date is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the completion date when there is no approved time extension.
3. Project Closeout – Within 120 days of project completion, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA.
Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.
4. Record of Environmental Considerations (REC) – This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01: Categorical Exclusion N18 has been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.
5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.
If you have any questions or need further assistance please contact Thomas Berry, Sr. Grants Management Specialist, by email [email protected], or phone (510) 627-7180.
Sincerely,
Digitally signed by KATHRYN J
KATHRYN J LIPIECKI LIPIECKI
Date: 2021.12.15 10:47:57 -08'00'
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Enclosures (3):
Obligation Report - Supplement 246
Record of Environmental Considerations (REC)
Standard Mitigation Grant (HMGP) Conditions
cc:
Jennifer Hogan, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Dr. Jacy Hyde, Branch Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 City Council/RSA Agenda 153 Tuesday, January 10, 2023
Agenda Item
DATE: 1/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S
CLASSIFICATION & COMPENSATION PLAN FOR UNREPRESENTED
POLICE DEPARTMENT POSITIONS IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
Staff recommends that the City Counciladopt a resolution approving changes to the City’s Classification & Compensation Plan, effective January 9, 2023, for the unrepresented Police Department positions.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to recruit, attract and retain talented employees.
BACKGROUND
The unrepresented Police Department positions subject to this proposed salary increase are Police Cadet and Police Officer Trainee.
The salary increase to the Police Cadet position is consistent with the minimum wage increase for calendar year 2023. The increase to the Police Officer Trainee position is consistent with the salary increase provided to sworn positions pursuant to the Union City Police Officers’ Association Memorandum of Understanding (“MOU”) which consists of a cost-of-living adjustment of 3% and a market equity adjustment of 4%, for a totaladjustment of 7%. These changes willavoid compaction for the Police Cadets and keep salaries for the Police Officer Trainee aligned with the sworn officers.
DISCUSSION
Effective January 1, 2023, the hourly minimum wage increased from $15.00 to $15.50, an increase of City Council/RSA Agenda 154 Tuesday, January 10, 2023
approximately 3.33%. In order to avoid compaction among other hourly positions, staff recommends increasing the salary range for the Police Cadet position by 3.33%.
Sworn Police Officers will receive a wage increase in January 2023. In order to avoid compaction with other hourly positions and to stay aligned with the compensation for sworn officer positions, staff recommends increasing the salary range for the Police Officer Trainee position by 7% consistent with the increase provided to the sworn positions pursuant to the MOU.
FISCAL IMPACT
The estimated annualcost to the General Fund is $67,000.
RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution approving an amendment to the City’s Classification & Compensation Plan, effective January 9, 2023, for the applicable positions.
Prepared by:
Lilybell Nakamura, Human Resources Director
Submitted by:
Lilybell Nakamura, Human Resources Director
ATTACHMENTS:
Description Type
Resolution - Unrepresented Police Department Positions Salary Adjustment, 1-10-23
Resolution
2022-2023-7 - Class & Comp Plan - FY2022-2023 - Eff 1-9-23 Attachment City Council/RSA Agenda 155 Tuesday, January 10, 2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UNION CITY APPROVING AN AMENDMENT TO THE
CITY’S CLASSIFICATION & COMPENSATION PLAN FOR
UNREPRESENTED POLICE DEPARTMENT POSITIONS
IN CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, effective January 1, 2023, the hourly minimum wage in California increased from $15.00 to $15.50, an increase of approximately 3.33%; and WHEREAS, effective January 9, 2023, the sworn positions subject to the Union City Police Officers’ Association Memorandum of Understanding, January 1, 2022 to December 31, 2024, received a cost-of-living and market equity adjustment totaling a 7% increase in salary;
WHEREAS, in order to avoid compaction in relation to other hourly positions, City staff recommends the salary range for Police Cadet be increased by 3.33%; and, in order to avoid compaction in relation to other hourly positions and ensure the salary range for Police Officer Trainee is aligned with sworn Police Officers, staff recommends the salary range be increased by 7% (the “Unrepresented Positions”); and WHEREAS, the updated compensation for the Unrepresented Positions will allow the City to attract and recruit new candidates and encourage current employees to stay; and WHEREAS, the City Council has considered the above and has determined that the amendment to the City’s Classification & Compensation Plan for the Unrepresented Police Department Positions is appropriate.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an amendment to the City’s Classification & Compensation Plan to amend the following salary ranges for these Unrepresented Positions, effective January 9, 2023:
Position Title Step 1 Step 2 Step 3
60120 Police Cadet 16.39 17.20 18.06
60150 Police Officer Trainee 44.00
City Council/RSA Agenda 156 Tuesday, January 10, 2023
Amendment #1: July 26, 2022 - Reso. No. 5984-22
City of Union City
Classification & Compensation Plan
FY 2022-2023
Effective: January 9, 2023
Amendment #2: September 27, 2022 - Reso. No. 6010-22
Amendment #3: November 8, 2022 - Reso. No. 6031-22
Amendment #4: November 8, 2022 - Reso. No. 6032-22
Amendment #5: November 8, 2022 - Reso. No. 6036-22
Amendment #6: December 13, 2022 - Reso. No. 6059-22
Amendment #7: January 9, 2023 - Reso. No. XXXX-23
City Council/RSA Agenda 157 Tuesday, January 10, 2023
Bargaining Unit Job Code 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 26,492
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 - Classification & Compensation Plan City Council/RSA Agenda 158 Tuesday, January 10, 2023
Bargaining Unit Job Code 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 60120 Police Cadet 16.39 17.20 18.06
Unrep. Police PT 60150 Police Officer Trainee 44.00
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 30185 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 - Classification & Compensation Plan City Council/RSA Agenda 159 Tuesday, January 10, 2023
Bargaining Unit Job Code 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 - Classification & Compensation Plan City Council/RSA Agenda 160 Tuesday, January 10, 2023
Bargaining Unit Job Code 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 50539 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 19.93 20.92 21.97 23.07 24.22 Unrep. Gen. PT 60100 Preschool Aide 15.50 16.27
Unrep. Gen. PT 60090 Preschool Teacher 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60072 Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26 Unrep. Gen. PT 60232 Recreation Aide 15.50 16.27
Unrep. Gen. PT 60233 Recreation Leader 16.61 17.44 18.31 19.22 20.19 Unrep. Gen. PT 60300 Seasonal Maintenance Worker 22.14
Unrep. Gen. PT 60234 Senior Recreation Leader 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60600 Intern 15.50 56.46
Unrep. Gen. PT 60570 Project Specialist 15.50 86.26
Unrep. Gen. PT 60400 Retired Annuitant 15.50 133.00
City of Union City - Classification & Compensation Plan City Council/RSA Agenda 161 Tuesday, January 10, 2023
Agenda Item
DATE: 1/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONTRACT TO GILLIG, LLC (LIVERMORE, CA), FOR THE PURCHASE OF FOURTEEN (14) BATTERY ELECTRIC THIRTY-FIVE FOOT (35’) HEAVY-DUTY FIXED-ROUTE TRANSIT
VEHICLES (BUSES) THROUGH THE WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES (WADES) MASTER CONTRACT NO. 06719, IN THE AMOUNT OF $16,516,360; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT IN A FORM APPROVED BY THE CITY
ATTORNEY;AND APPROPRIATING $9,316,360 TO CITY PROJECT 21-08 Staff recommends that the City Council adopt a resolution awarding a contract to Gillig, LLC (Livermore, CA), for the purchase of fourteen (14) battery electric thirty-five foot (35’) heavy-duty fixed-route transit vehicles (buses) through the Washington State Department of Enterprise Services (WADES) Master Contract No. 06719, in the amount of $16,516,360; authorizing the City Manager to execute the contract in a form approved by the City Attorney; and appropriating $9,316,360 to City Project 21-08.
STRATEGIC PLAN ALIGNMENT
Goal D: Create a healthy, sustainable community and maintain and improve the City’s infrastructure.
Strategy 8: Convert the Union City Transit fleet to electric.
BACKGROUND
The Union City Transit fixed-route fleet is comprised of eighteen (18) compressed natural gas (CNG) buses derived from four (4) different procurements and two (2) different bus manufacturers. Union City Transit took delivery of two (2) buses in 2008, six (6) buses in 2010, six (6) buses in 2012, and four (4) buses in 2016. Each bus has a useful life of twelve (12) years or 500,000 miles per the Federal Transit Administration (FTA) and becomes eligible for replacement funding once either of the useful life criteria have been met. Union City Transit is therefore eligible to receive vehicle replacement funds in 2020, 2022, 2024, and 2028.
City Council has already declared one of the buses as surplus on March 23, 2021, through Resolution No. 5726-21 City Council/RSA Agenda 162 Tuesday, January 10, 2023
due to the cost of repairs. The loss of this vehicle has impacted operations by reducing the number of vehicles available in the event of a breakdown.
As of December 14, 2018, the California Air Resources Board (CARB) implemented the Innovative Clean Transit (ICT) regulation requiring all transit agencies to gradually transition bus fleets to zero-emission technologies. In accordance with this regulation, Union City Transit is required to have twenty-five percent (25%) of its fixed-route bus procurements to be zero-emission by 2026. Additional funding and rebates exist for transit operators that make procurements in advance of the regulation. On February 25, 2020, the City Counciladopted Resolution No. 5568- 20 which assisted this effort to obtain advanced funding by making a commitment for the Union City Transit fixedroute fleet to convert to zero-emission.
Union City Transit staff was able to secure some FTA Section 5307 formula funding through the Metropolitan Transportation Commission (MTC) for the replacement of the eight (8) buses eligible for replacement in 2020 and 2022. The funding obtained only partially covered the cost of the vehicles. Additionally, since this FTA Section 5307 funding was secured, a period of significant inflation has occurred causing the price of the buses to increase, which prompted staff to apply for discretionary federal, state, and local funds to make up the difference The FTA has an annual call for projects with its two (2) Section 5339 competitive grant programs: 5339(b) Bus and Bus Facilities and 5339(c) Low or No Emissions. Union City Transit staff applied for the 5339(c) program because it allows transit agencies to partner with a bus manufacturer to satisfy the competitive bid process. This is very unique, so Union City Transit partnered with Gillig, LLC (Livermore, CA) since they offered grant application assistance through the Center for Transportation and the Environment (CTE). With the assistance of CTE, Union City Transit staff submitted an application for the funds needed to cover the cost of the already partially-funded eight (8) buses and the six (6) buses eligible for replacement in 2024. On August 16, 2022, Union City Transit was informed that it was one of 150 recipients nationwide to be awarded funding for the replacement of buses.
In discussions with Gillig, LLC after receiving the award, Union City Transit identified an opportunity to join the Washington State Department of Enterprise Services (WADES) Master Contract No. 06719 open to all public agencies within the United States in order to obtain volume pricing for the fourteen (14) buses. Gillig, LLC provided all the steps necessary to join the WADES Master Contract and Union City Transit received authorization to purchase off the Master Contract on November 10, 2022.
DISCUSSION
Union City Transit has eight (8) buses that have exceeded their useful life and six (6) buses that will have exceeded their useful life by the time their replacements arrive based on the schedule described below. Transit staff is seeking City Council approval to move forward with the procurement of fourteen (14) battery electric thirty-five-foot (35’) heavy-duty fixed-route transit vehicles (bus) to replace fourteen (14) vehicles at or near the end of their useful lives.
The procurement will also put Union City Transit ahead of its CARB-mandated deadline to start procuring zeroemission vehicles allowing it to potentially access funds that may not be available once the deadline arrives.
Gillig, LLC provided Union City Transit with a revised quote of $1,080,715 per battery electric thirty-five foot (35’) heavy-duty fixed-route transit vehicle (bus), inclusive of taxes and delivery charges, on November 4, 2022 (Attachment 1). The quote does not include optional training, an extended warranty, an optional additional battery pack, or an optional opportunity charge rail mounted to the roof for future use should Union City Transit install an "opportunity" charger at a transit center. Should Union City Transit choose all the options, each bus will cost $1,179,740. The total cost for fourteen (14) buses without the above-listed options is $15,130,010. The total cost with all the above-listed options is $16,516,360. Staff is recommending that the City include the options in anticipation of advanced technology that must be installed at the time of vehicle manufacturing.
Union City Transit has secured funding as follows:
City Council/RSA Agenda 163 Tuesday, January 10, 2023
Funding Source Amount Awarded
FTA Section 5339(c) $8,490,246
FTA Section 5307 $5,152,287
AB 664 Bridge Tolls $343,242
TDA 4.0 Capital $2,741,624
Grand Total $16,727,399
Union City Transit is using FTA funds and must follow federal procurement requirements. Gillig, LLC has submitted all the required documents to WADES, has provided a pre-award Buy America checklist to Union City Transit, and does not appear to be suspended or debarred from doing business with the federal government based on a search of the federal System for Award Management (SAM) website.
On April 1, 2021, WADES signed a contract with Gillig, LLC, of Livermore, CA, authorizing it as an eligible company for public agencies to procure from. In order to proceed with a purchase order, Union City Transit needed to enter into a separate contract from the WADES Master Contract No. 06719. A signed contract is attached as an exhibit to this report.
Gillig, LLC has Union City Transit’s bus build tentatively scheduled for the third calendar quarter of 2024 but cannot hold this build slot without a purchase order and there are several other transit operators waiting to secure their build slots. Union City Transit staff has time to refine the options but should include them now as part of the total purchase order.
FISCAL IMPACT
This procurement will be funded with $16,516,360 from Account Number 5110-3141-92108-57130 (Transit Fund – Transit – Heavy Duty Battery Trans EV Procurement – Other Equipment) using funds from FTA Section 5339(c) in the amount of $8,490,246, FTA Section 5307 in the amount of $5,152,287, AB 664 Bridge Toll Revenues in the amount of $343,242, and local Transportation Development Act (TDA) Capital funds in the amount of $2,741,624.
The Adopted Budget for Transit Funds includes $7,200,000 in FY 2022-2023, which has been appropriated, and $2,300,000 in FY 2024-2025, which has not yet been appropriated. Staff is recommending that the remaining $9,316,360 be appropriated to account number 5110-3141-92108-57130 in this fiscal year (FY 2022-2023). There will be no impact on the General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution awarding a contract to Gillig, LLC (Livermore, CA), for the purchase of fourteen (14) battery electric thirty-five foot (35’) heavy-duty fixed-route transit vehicles (buses) through the Washington State Department of Enterprise Services (WADES) Master Contract No. 06719, in the amount of $16,516,360; authorizing the City Manager to execute the contract in a form approved by the City Attorney, and appropriating $9,316,360 to City Project 21-08.
Prepared by:
Stephen Adams, Transit Manager
Submitted by:
Marilou Ayupan, Public Works Director
City Council/RSA Agenda 164 Tuesday, January 10, 2023
ATTACHMENTS:
Description Type
Attachment 1 - Gillig, LLCSales Quote Attachment
Resolution Resolution
Exhibit A - WADES-Gillig Purchasing MasterAgreement Exhibit Exhibit B- WADES-UCPurchaseAgreement Exhibit
Exhibit C- WADES PurchaseAuthorization Exhibit
City Council/RSA Agenda 165 Tuesday, January 10, 2023
November 4, 2022
Mr. Steve Adams
Transit Manager
City of Union City
34650 Seventh Street
Union City, CA 94587
Dear Mr. Adams:
Thank you for your interest to purchase fourteen (14) 35’ Low Floor Battery Electric Buses using the State of Washington Contract (#RFP 2020 06719-01) Attached you will find the price variance that would pertain to your order. Gillig is pleased to quote the following:
FOURTEEN (14) 35’ LOW FLOOR PLUS EBUS $1,080,715.00 each The price is valid for 45 days and is FOB Union City, CA. Prices do include sales tax and no license fees. The production start date of these buses will be within 18 to 22 months from receipt of a firm Purchase Order or Notice to Proceed.
We thank you for this opportunity and appreciate your interest in Gillig and our products. Should you have any questions please do not hesitate to contact me at 510-867-5108.
Sincerely,
Lee Petersen
Regional Sales Manager
cc: B. Fay
City Council/RSA Agenda 166 Tuesday, January 10, 2023
RESOLUTION NO. XXXX-23
ADOPT A RESOLUTION AWARDING A CONTRACT TO GILLIG, LLC
(LIVERMORE, CA), FOR THE PURCHASE OF FOURTEEN (14) BATTERY ELECTRIC THIRTY-FIVE FOOT (35’) HEAVY-DUTY FIXED-ROUTE
TRANSIT VEHICLES (BUSES) THROUGH THE WASHINGTON STATE
DEPARTMENT OF ENTERPRISE SERVICES (WADES) MASTER CONTRACT NO. 06719, IN THE AMOUNT OF $16,516,360; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACT IN A FORM APPROVED BY THE CITY ATTORNEY; AND APPROPRIATING $9,316,360 TO CITY PROJECT 21-08
WHEREAS, Union City Transit will be replacing fourteen (14) transit vehicles (buses) that have reached, or are near, the end of their useful lives with fourteen (14) battery electric, 35’ heavy-duty, fixed-route buses; and
WHEREAS, the Washington State Department of Enterprise Services (WADES) awarded Master Contract No. 06719 to multiple bus manufacturers for use by public agencies seeking to purchase battery electric buses (Exhibit A); and WHEREAS, Union City Transit signed a purchase agreement with WADES to participate in Master Contract No. 06719 (Exhibit B) and was authorized to procure fourteen (14) buses from Gillig, LLC of Livermore, CA (Exhibit C); and WHEREAS, Union City Transit received a quote of $1,080,715 from Gillig, LLC for each transit bus without options, and $1,179,740 for each transit bus with options; and WHEREAS, the total estimated cost for the purchase of the fourteen (14) buses with all options is $16,516,360; and
WHEREAS, Union City Transit and Gillig, LLC desire to establish a contract between the entities for the delivery of the fourteen (14) vehicles estimated to arrive in the third calendar quarter of 2024; and
WHEREAS, Union City Transit has capital funds available from FTA Section 5339(c) in the amount of $8,490,246, FTA Section 5307 in the amount of $5,152,287, AB 664 Bridge Toll Revenues in the amount of $343,242, and local Transportation Development Act (TDA) Capital funds in the amount of $2,741,624 for this purchase; and WHEREAS, this purchase will be funded with $16,516,360 from Account Number 5110-3141-92108-57130 (Transit Fund – Transit – Heavy Duty Battery Trans EV Procurement – Other Equipment), of which $7,200,000 has already been budgeted in Account Number 5110-3141-92108-57130 in the FY 2022-2023 Adopted Budget.
City Council/RSA Agenda 167 Tuesday, January 10, 2023
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Union City hereby awards a contract to Gillig, LLC (Livermore, CA) for the purchase of fourteen (14) battery electric thirty-five foot (35’) heavy-duty fixed-route transit vehicles (buses) through the Washington State Department of Enterprise Services (WADES) Master Contract No. 06719, in the amount of $16,516,360; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute the contract in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $9,316,360 to Account Number 5110-3141-92108-57130 (Transit Fund – Transit – Heavy Duty Battery Trans EV Procurement – Other Equipment).
City Council/RSA Agenda 168 Tuesday, January 10, 2023
WASHINGTON STATE TRANSIT BUS COOPERATIVE
STATE COOPERATIVE PURCHASING SCHEDULE
MASTER CONTRACT
NO. 06719-01
TRANSIT BUSES: HEAVY DUTY
30 FT DIESEL, 35 FT DIESEL, 40 FT DIESEL 35 FT HYBRID, 40 FT HYBRID, 30 FT CNG, 35 FT, CNG, 40 FT CNG, 35 FT ELECTRIC, 40 FT ELECTRIC CATEGORIES
For Use by Washington State Transit Bus Cooperative Participants By and Between
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
and
GILLIG LLC
Dated April 1, 2021
City Council/RSA Agenda 169 Tuesday, January 10, 2023
MASTER CONTRACT NO. 06719-01
PAGE 1
WASHINGTON STATE TRANSIT BUS COOPERATIVE
STATE COOPERATIVE PURCHASING SCHEDULE
MASTER CONTRACT
NO. 06719
TRANSIT BUS – HEAVY DUTY
30 FT DIESEL, 35 FT DIESEL, 40 FT DIESEL 35 FT HYBRID, 40 FT HYBRID, 30 FT CNG, 35 FT, CNG, 40 FT CNG, 35 FT ELECTRIC, 40 FT ELECTRIC CATEGORIES
This Master Contract (“Master Contract”) is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and Gillig LLC, a California company (“Contractor”) and is dated and effective as of April 1, 2021.
RECITALS
A. Whereas, pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services for general use by Washington state agencies and certain other entities (eligible Participants).
B. Whereas, pursuant to RCW 39.26.060, Enterprise Services may develop, solicit, and establish cooperative purchasing agreements for procurement of any goods or services with one or more states, state agencies, local governments, local government agencies, federal agencies, or tribes located in the state, in accordance with an agreement entered into between the participants.
C. Whereas, pursuant to Section 3019 of the FAST Act, the State of Washington acting by and through Enterprise Services, may enter into a cooperative procurement contract with one or more vendors if the vendors agree to provide an option to purchase rolling stock and related equipment to such State government and any other participant and such State government acts throughout the term of the contract as the lead procurement agency.
D. The State of Washington, acting by and through Enterprise Services is a member of and the lead procurement for the Washington State Transit Bus Cooperative. The Washington State Transit Bus Cooperative is a cooperative purchasing agreement for eligible participants to procure transit buses through a competitively solicited and awarded Cooperative Master Contract.
E. Whereas, on behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued a Competitive Solicitation No. 06719-01 dated March 4, 2020 regarding Heavy Duty Transit Buses.
F. Whereas, Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder.
City Council/RSA Agenda 170 Tuesday, January 10, 2023
MASTER CONTRACT NO. 06719-01
PAGE 2
G. Whereas, Enterprise Services has determined that entering into this Master Contract will meet the identified needs and be in the best interest of the State of Washington and the Washington State Transit Bus Cooperative.
H. Whereas, the purpose of this Master Contract is to enable eligible Participants to purchase Transit Buses as set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:
1. TERM.
The term of this Master Contract is twenty-four (24) months, commencing April 1, 2021 and ending March 31, 2023; Provided, however, that Enterprise Services at is sole discretion may extend the term for three (3) subsequent twelve (12) month extensions if Contractor is not in default; and provided further, that in no event shall such term be extended if Contractor cannot meet the required certifications of this Contract. The maximum contract term is sixty (60) months, ending March 31, 2026.
2. ELIGIBLE PARTICIPANTS. This Master Contract may be utilized by any of the following types of entities (“Participants”):
2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions.
2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington:
State universities – i.e., University of Washington & Washington State University; Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University
Evergreen State College;
Community colleges; and
Technical colleges.
2.3. MCUAPARTIES. Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services:
Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;
Federal governmental agencies or entities;
Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and
Federally-recognized Indian Tribes located in the State of Washington.
2.4. TRANSIT BUS COOPERATIVE PARTIES. Any authorized entity that has executed a Washington State Transit Bus Cooperative Purchasing Agreement with Enterprise Services. The following types of entities are anticipated to execute a Washington State Transit Bus Cooperative Purchasing Agreement:
City Council/RSA Agenda 171 Tuesday, January 10, 2023
MASTER CONTRACT NO. 06719-01
PAGE 3
State agencies, local governments, local government agencies, or political subdivisions (e.g., counties, cities, school districts, public utility districts, ports) of any state or territory of the United States;
Federal governmental agencies or entities located in any state or territory of the United States; and
Federally-recognized Indian Tribes located in any state or territory of the United States
3. SCOPE – INCLUDED GOODS AND PRICE.
3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell only those Transit Buses within the scope of their authorized goods meeting the requirements set forth in Exhibit A – Included Transit Buses for the prices set forth in Exhibit B – Prices. Contractor shall not represent to any Participant under this Master Contract that Contractor has contractual authority to sell any Transit Buses beyond those meeting the requirements set forth in Exhibit A – Included Transit Buses.
3.2. STATE’S ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the goods included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this Master Contract. Enterprise Services may, at any time, without notice to Contractor by written order designated or indicated to be a change order, make changes within the general scope of the contract to adjust the quantities of Transit Buses purchased under this Master Contract.
3.3. PARTICIPANT CHANGE ORDERS.
(a) Participants may, at any time, by written order designated or indicated to be a change order, make changes in their Purchase Order within the general scope of this Master Contract, including changes: (1) In the specifications; (2) In the method or manner of performance of the work; (3) In the price sheet to include additional options within the scope of the contract; (4) In the delivery performance of the work; or (5) In additional requirements for compliance with state or federal law.
(b) Any other written or oral order (which includes direction, instruction, interpretation, or determination) from the Participant that causes a change shall be treated as a change order under this clause; provided, that Contractor gives the Participant written notice stating (1) the date, circumstances, and source of the order and (2) that Contractor regards the order as a change order.
(c) Except as provided in this clause, no order, statement, or conduct of the Participant shall be treated as a change under this clause or entitle Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in Contractor’s cost of, or the time required for, the performance of any part of the work under this Master Contract, whether or not changed by any such order, the Participant will make an equitable adjustment and modify the Purchase Order in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under this clause shall be made for any costs incurred more than twenty (20) days before Contractor gives written notice as required. In the case of defective specifications for which the Participant is responsible, the equitable adjustment shall include any increased cost City Council/RSA Agenda 172 Tuesday, January 10, 2023
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reasonably incurred by the Contractor in attempting to comply with the defective specifications.
(e) Contractor will assist Participant in obtaining all of the requested cost details as may be required for FTA assisted purchases. Failure to respond or provide needed details may be grounds for the Participant to cancel the purchase without penalty. (f) The Contractor must assert its right to an adjustment under this clause within 30 days after
1. receipt of a written change order under paragraph (a) of this clause or
2. the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of proposal, unless this period is extended by the Participant. The statement of proposal for adjustment may be included in the notice under paragraph (b) above.
(g) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Master Contract.
(h) This clause does not supersede FTA Circular C 4220.1F.
3.4. ECONOMIC ADJUSTMENT. Beginning twelve (12) months after the effective date of this Master Contract and for every annual anniversary thereafter, the prices set forth in Exhibit B shall be adjusted, based upon the percent changes (whether up or down) in the United States Department of Labor, Bureau of Labor and Statistics (BLS) indices described below, for the most recent year. The Index isthe Producer Price Index for Truck and Bus Bodies, Series No. WPU 1413, published by the United States Department of Labor, Bureau of Labor Statistics, or if such Index is no longer in use, then such replacement that is most comparable to the Index as may be designated by the Bureau of Labor Statistics, or as agreed by the parties. Economic adjustment will lag one (1) calendar quarter past the Master Contract commencement date to allow for publication of BLS data. All calculations for the index shall be based upon the latest version of data published as of April 1 each year. Prices shall be adjusted on June 1. If an index is recoded, that is the replacement is a direct substitute according to the BLS, this Master Contract will instead use the recode. If an index becomes unavailable, Enterprise Services shall substitute a proxy index. If there is not a direct substitute, the next higher aggregate index available will be used. The economic adjustment shall be calculated as follows:
New Price = Old Price x (Current Period Index/Base Period Index).
3.5. PRICE CEILING. Although Contractor may offer lower prices to Participants, during the term of this Master Contract, Contractor guarantees to provide the Heavy Duty Transit Buses at no greater than the prices set forth in Exhibit B – Prices for Heavy Duty Transit Buses (subject to economic adjustment as set forth herein).
3.6. GOODS AND SERVICES ADDITION. Contractor may offer new goods and services within the scope of the authorized goods set forth in Exhibit A – Included Transit Buses to Participants to implement new technology solutions or meet specific Participant requirements. Goods and services added to purchase orders under the Master Contract must be commercially available at the time they are added and fall within the original scope of the Master Contract.
3.7. PRICING OF GOODS AND SERVICE ADDITIONS. Prices for additional Transit Bus goods and services performed under this Master Contract follow cost reimbursement rules under 4220.1F Ch VI, City Council/RSA Agenda 173 Tuesday, January 10, 2023
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2.c(1). Cost-reimbursement provides for payment of Contractor’s allowable incurred costs, to the extent agreed to in the Contractor’s agreement with the Participant. Participants are required to include FAR Part 31 cost principles in their cost reimbursement contracts for the purpose of determining allowable costs under the contract. Contract shall comply with Participants’ requests in determining reasonable prices, including but not limited to providing a breakdown of relevant incurred costs or individual component pricing to Participant upon request. A dispute on the reimbursement costs will follow the dispute procedures of this Master Contract.
3.8. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information regarding this Master Contract, including scope and pricing, to eligible Participants.
4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.
4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. Contractor represents and warrants that it is or will be qualified to do business in other applicable states for purchases under this Master Contract with each of the Washington State Transit Bus Cooperative member states, including but not limited to Alaska, Idaho, Oregon, Colorado, Montana, and Nevada.
4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.
4.3. QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any Transit Bus sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Participant’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered free of liens and encumbrances and that the same do not infringe any third party patent. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs. Whenever under the Master Contract or Purchase Order it is provided that Contractor shall furnish materials or manufactured components or shall do work for which no detailed specifications are set forth, the work performed shall be in full conformity and harmony with the intent to secure the best standards of manufacture in the work as a whole or in part. No advantage shall be taken by Contractor in the omission of any part or detail which goes to make the Transit Buses complete and ready for service, even though such part or detail is not mentioned in the specifications or in Contractor's approved design.
4.4. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS (MANDATORY INDIVIDUAL ARBITRATION). Contractor represents and warrants, as previously certified in Contractor’s bid submission, that Contractor City Council/RSA Agenda 174 Tuesday, January 10, 2023
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does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.
4.5. OREGON REVISED STATUTE 279A.112. Contractor represents and warrants, as previously certified in Contractor’s bid submission, that their firm has a written policy and practice preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.
4.6. EMISSIONS INFORMATION. Contractor represents and warrants, as previously certified in Contractor’s bid submission, that their firm has a written policy and practice to assess and provide accurate emission information on products to Participants.
4.7. SUSTAINABILITY POLICY. Contractor represents and warrants, as previously certified in Contractor’s bid submission, that their firm has a written policy and practice, detailing own sustainability policies and programs in place and to provide services in line with the principles established therein.
4.8. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Participants’ employees.
4.9. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Master Contract, Contractor shall maintain an accurate profile in WEBS.
4.10. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment.
4.11. COOPERATIVE MASTER CONTRACT PROMOTION; ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Participants and to ensure that those entities that utilize this Master Contract are eligible Participants. Contractor understands and acknowledges that neither Enterprise Services nor Participants are endorsing Contractor’s goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs.
Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Participant, or the State of Washington in any promotional material without the prior written consent of Enterprise Services.
4.12. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master Contract or a similar contract resulting from the Cooperative, is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington.
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4.13. VEHICLE TITLE & REGISTRATION. Contractor represents and warrants that upon payment in full, Contractor shall convey to Participant all necessary paperwork, including a “manufacturer’s statement of origin” (MSO) and applicable state title application to register the Transit Bus with the Participant’s applicable state licensing authority at the time of delivery.
4.14. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master Contract and the three (3) year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.
4.15. PAY EQUITY. Contractor represents and warrants that, among its workers, similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed.
Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.
Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Master Contract and any Participant hereunder similarly may suspend or terminate its use of the Master Contract and/or any agreement entered into pursuant to this Master Contract.
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5. USING THE MASTER CONTRACT – PURCHASES.
5.1. ORDERING REQUIREMENTS. Participants shall order Transit Buses from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Participant but, at a minimum, including the use of a purchase order. When practicable, Contractor and Participant also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchase Order”). All order documents must reference the Master Contract number. Consistent with Participant’s procurement authority, Participantmay propose and negotiate additionalterms with the applicable Contractor to meet Participant’s needs, subject to agreement with the applicable Contractor. Under no circumstances will Participant’s agreements change or modify the contract obligations of this Master Contract. The terms of this Master Contract shall apply to any Purchase Order and, in the event of any conflict, the terms of this Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘click-agreement,’ software or web-based application terms and conditions, or other agreement modify the terms and conditions of this Master Contract.
5.2. APPROVAL OF PURCHASES. Enterprise Services and, if the Participant is using FTA funds, the Participant’s respective authorization authority for use of those FTA funds shall approve the Participant’s initial Purchase Order. Enterprise Services shall review the Purchase Order and approve that the purchase is within the Scope of the Master Contract. The Participant’s respective authorization authority for use of those FTA funds will approve the purchase according to their own policies and procedures. Participant and Contractorshall provide timely information as requested by Enterprise Services for the approval process.
5.3. CONTRACTOR COOPERATIVE USE APPROVAL. Pursuant to RCW 39.26.060, the intent of this Contract is to allow for cooperative procurement to the maximum extent possible. Accordingly, any authorized entity that has executed a Washington State Transit Bus Cooperative Purchasing Agreement with Enterprise Services may place orders under this Master Contract. Participation in the cooperative is voluntary. If agreed to by Contractor, this Contract may be used by any participant in the cooperative to procure the Transit Buses. Contractor has the right to refuse initial orders by cooperative participants on a capacity basis, if the Contractor cannot fulfill the complete order based on delivery deadlines. Orders under this Contract will be fulfilled on a first come, first serve basis of the initial order date. If Contractor rejects an order for capacity, Enterprise Services may request additional information from the Contract regarding Contractor’s capacity to fulfill orders.
5.4. FTA PRE-AWARD AND POST-DELIVERY CERTIFICATIONS. Contractor shall take all reasonable steps assist Participants in completing all required pre-award and post-delivery certifications required by federal or state law or policy for purchases under this Master Contract. Contractor shall provide all requested information to complete the certifications in a reasonable time to ensure certifications are completed in a timely manner.
5.5. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of Transit Buses will be made as required by this Master Contract, the Purchase Order used by Participants, or as otherwise mutually agreed in writing between the Participant and Contractor. The following apply to all deliveries:
(a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order by the delivery date. The delivery date must be within 18 months of the initial order date, as stated in the Purchaser Order or agreement between Participant and City Council/RSA Agenda 177 Tuesday, January 10, 2023
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Contractor; provided however that the Participant and Contractor may amend the delivery date by mutual agreement. Deliveries shall occur during Participant’s normal work hours and within the time period mutually agreed in writing between Participant and Contractor at the time of order placement.
(b) Contractor shall deliver all buses with a full tank of fuel and clean inside and out. For any bus not meeting this requirement, Contractor will be assessed $300. When Transit Buses are delivered, certificates or releases signed by Participant simply acknowledge receipt of the Transit Buses and do not constitute acceptance by the Participant of the condition of the Transit Buses, or its conformance with the terms of the Master Contract or Participant’s Purchase Order. Acceptance by Participant occurs subsequent to final inspection when Participant provides Contractor with a written Notice of Acceptance. (c) Contractor shall ship or deliver all goods and/or services purchased pursuant to this Master Contract, freight charges prepaid by Contractor, FOB Participant’s specified destination with all transportation and handling charges included. Contractor shall bear all risk of loss, damage, or destruction of the goods and/or services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Participant’s negligence. Contractor shall use a qualified and experienced common or contract carrier who is properly licensed and insured. Contractor shall make all arrangements for shipment.
(d) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Master Contract shall be identified by the Master Contract number set forth on the cover of this Master Contract and the applicable Participant’s Purchase Order number. Packing lists shall be included with each shipment and clearly identify all contents and any backorders.
5.6. PROTOTYPE BUSES. If requested by Participant, Contractorshall produce one prototype bus for each type of bus with respect to the Purchase Order for inspection and testing at the Participant’s facilities. The prototype bus will demonstrate that the bus fully meets all requirements of the Purchase Order. Contractor shall produce and deliver the prototype bus to Participant for inspection and testing a minimum of one-hundred twenty (120) days prior to initiation of any production activities for the remaining buses unless otherwise authorized in writing by Participant. The cost of transporting the prototype bus to and from the Participant’s facilities shall be at the expense of Contractor. Contractor shall schedule the prototype review with the Participant when a vehicle has been completed with all equipment and furnishings installed, but early enough so design changes resulting from the review will not delay production or cause scrapping of production material.
In the event of nonconformity Participant shall, to the extent practicable, notify Contractor of said nonconformity. No later than seven (7) days after the end of the fourteen (14) day test, Participant shall issue a written report to the Contractor that advises the Contractor of any noncompliance issues and/or any proposed modifications or changes required on the remaining vehicles. Any failure by Participant to detect any defects or omissions in this testing period will in no way relieve Contractor from fully complying with the specifications of the Master Contract and Participant Order. All prototype buses shall be brought up to the final production bus configuration in all respects at no additional cost to Participant, except as may be agreed by change orders.
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5.7. NOTIFICATION OF DELAY. Contractor shall provide prompt notice to Participant and Enterprise Services for any delay in the manufacturing process that will affect the expected delivery date.
Contractor will provide notice of the delay within fourteen (14) days of discovery of the potential delay. This notice of delay must include a reasonable expectation of when the delay will be resolved, the reason for the delay, whether the delay will cause the delivery to exceed the delivery date, and any other applicable information regarding the delay. Participant shall provide Contractor with notice of acceptance of the reasonable delay or notice that the delay is determined to be non-excusable within seven (7) days of receipt of the notice of delay.
If there is a dispute between Contractor and Participant as to whether the delay is reasonable, Contractor may appeal Participant’s decision to Enterprise Services within seven (7) days of receipt of the notice that the delay is non-excusable. Enterprise Services will review the provided information and make a final determination as to whether the delay is reasonable or non-excusable. If a dispute remains after this procedure, parties shall follow the dispute resolution process of Section 16. Contractor shall promptly comply with any request from Enterprise Services or Participant for additional information in making the delay determination. A request for more information from Enterprise Services or Participant tolls the time for required response until the time that Contractor responds to the request for more information. Reasonable delay is a delay for which the Contractor is not responsible. A reasonable delay must arise from unforeseeable causes, be beyond the control of Contractor, and be without the fault of the Contractor. A reasonable delay will extend the delivery date by the agreed upon length of the delay.
Non-excusable delay is a delay for which Contractor is wholly or partially responsible. A non-excusable delay is a delay that arises from a foreseeable cause, is within the control of Contractor, or is due to the fault of Contractor. A non-excusable delay will not extend the agreed upon delivery date.
5.8. DELAY DAMAGES. Participant will be damaged by any failure on the part of Contractor to deliver the buses within the time specified in delivery date. The amount of damages for delay of beyond the delivery date is difficult if not impossible to ascertain. The amount of such damages Contractor shall pay to Participant is fixed at the amount of $250.00 per day for each bus not delivered in substantially good condition as inspected by the Participant. Participant may elect to deduct the amount of the damages from the amount due to Contractor under the Purchase Order or may notify Contractor of the amount due based on the delay. If Participant requires Contractor to pay the delay damages, Contractor shall pay the entire amount within thirty (30) days after receipt of a written demand by Participant. The payment of damages will be in lieu of any damages for any loss of profit, loss of revenue, loss of use, or for any other direct, indirect, special or consequential losses or damages of any kind that may be suffered by Participant arising at any time from the failure of Contractor to fulfill the delivery obligations in a timely manner.
5.9. INSPECTION AND ACCEPTANCE OF TRANSIT BUSES. Transit Buses purchased under this Master Contract are subject to Participant’s reasonable inspection, testing, and approval at Participant’s destination for a period of fourteen (14) days from the date that the Transit Buses are received at the place of delivery. Participant reserves the right to reject and refuse acceptance of Transit Buses that are not in accordance with this Master Contract and the Participant’s Purchase Order during this inspection period. Representatives of Contractor may witness acceptance inspections City Council/RSA Agenda 179 Tuesday, January 10, 2023
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and testing if so requested by Contractor. Participant retains the right to complete as thorough an inspection as it deems necessary to determine if each bus is in conformance with Master Contract and Purchase Orders requirements for configuration and performance parameters.
Contractor shall coordinate and manage Contractor’s post-delivery inspection process and notify the Participant of scheduling and availability of buses ready for pre-acceptance inspection.
Acceptance by the Participant occurs when Participant provides Contractor with a written Notice of Acceptance, which will be subsequent to final inspection by responsible assigned employees of the Participant. All acceptances are subject to the warranty requirements of this Master Contract.
5.10. INSPECTION DEFECTS. If there are any apparent defects in the goods and/or services within the inspection period, Participant will promptly notify Contractor. At Participant’s option, and without limiting any other rights, Participant may:
Require Contractor to repair or replace, at Contractor’s expense, any or all of the damaged goods; or
Require Contractor to refund the price of any or all of the damaged goods; or Participant may note any damage to the goods on the receiving report, decline acceptance, and deduct the cost of rejected goods from final payment.
Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods.
If Participant discovers defects during the inspection process, the requirement for timely delivery under 6.2(a) will continue to run until Contractor resolves the defects and provides Participant with the applicable goods free of defects. The period for the delivery date for the goods will be tolled for the length of time Participant was in the inspection period until the time that Participant provided notice of defect to Contractor.
5.11. POST-INSPECTION REPAIRS BY CONTRACTOR. In the event of non-acceptance of the bus, Contractor must begin Work within five (5) working days after receiving notification from Participant of failure of acceptance tests. Participant shall make the bus available to complete repairs timely with the Contractor repair schedule. If Contractor fails or refuses to begin the repairs within five (5) days, then the repair work may be done by Participant’s personnel with reimbursement by Contractor. Contractor shall provide, at its own expense, all spare parts, tools and space required to complete the repairs. At Participant’s option, Contractor may be required to remove the bus from Participant’s property while repairs are being made. If the bus is removed from Participant’s property, then repair procedures must be diligently pursued by Contractor’s representatives, and Contractor shall assume risk of loss while the bus is under its control.
5.12. CONTRACTOR SERVICE AND PARTS SUPPORT. For each Participant Order, Contractor shall supply Participant with a completed Exhibit D - Contractor Service and Parts Support Data with contact information on the representatives responsible for assisting Participant, as well as the location of the nearest distribution center, which shall furnish a complete supply of parts and components for the repair and maintenance of the buses to be supplied. Contractor shall also submit its policy on transportation charges for parts other than those covered by warranty.
5.13. PARTS AVAILABILITY GUARANTEE. Contractor guarantees to provide the spare parts, software, and all equipment necessary to maintain and repair the buses supplied under this Master Contract for a period of at least twelve (12) years after the date of acceptance. Parts will be interchangeable with the original equipment and will be manufactured in accordance with the quality assurance City Council/RSA Agenda 180 Tuesday, January 10, 2023
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provisions of this Master Contract. Prices shall not exceed the Contractor’s then-current published catalog prices.
Where the parts ordered by the Participant are not received within two (2) working days of the agreed-upon time and date and a bus procured under this Master Contract is out of service due to the lack of said ordered parts, then the Contractor shall provide the Participant, within eight (8) hours of the Participant’s verbal or written request, the original suppliers’ and/or manufacturers’ parts numbers, company names, addresses, telephone numbers and contact persons’ names for all of the specific parts not received by the Participant.
In the event Contractor fails to honor this parts guarantee or parts ordered by the Participant are not received within thirty (30) days of the agreed-upon delivery date, then Contractor shall provide to Participant, within seven (7) days of the Agency’s verbal or written request, the design and manufacturing documentation for those parts manufactured by the Contractor and the original suppliers’ and/or manufacturers’ parts numbers, company names, addresses, telephone numbers and contact persons’ names for all of the specific parts not received by the Participant.
Contractor’s design and manufacturing documentation provided to the Participant shall be for its sole use in regard to the buses procured under this Master Contract and for no other purpose.
5.14. TERMINATION FOR WITHDRAWAL OF FUNDING. If any Participant’s expected or actual funding for purchases under this Master Contract are withdrawn, reduced, or limited in any way prior to the payment for the last bus accepted, Participant may, upon written notice to Contractor, terminate their Purchase Order for Transit Buses not yet accepted. If the Purchase Order is terminated as provided in this subsection: (1) Participant will be liable only for payment in accordance with the terms of this Contract for work performed satisfactorily up to the date of termination and materials on order that cannot be canceled; and (2) Contractor shall be released from any obligation to provide additional buses as are affected by the termination.
5.15. FACILITY INSPECTIONS. Contractor shall provide right of access to its facilities to Enterprise Services, any Enterprise Services agents, Participant, any of Participants agents, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract.
5.16. ON SITE REQUIREMENTS. While on Participant’s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Participant’s physical, fire, access, safety, or other security requirements.
6. INVOICING & PAYMENT.
6.1. CONTRACTOR INVOICE. Contractor shall submit to Participant’s designated invoicing contact properly itemized invoices. Such invoices shall itemize the following:
(a) Master Contract No. 06719
(b) Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative)
(c) Contractor’s Federal Tax Identification Number
(d) Date(s) of delivery
(e) Invoice amount; and
(f) Payment terms, including any available prompt payment discounts.
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Contractor’s invoices for payment shall reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein.
6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Participant. Payment is due within thirty (30) days of invoice. If Participant fails to make timely payment(s), Contractor may invoice Participant in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified. Contractor provides a prompt payment discount of 0.10% for payments within 20 days of receipt of the invoice. This discount will only be provided for Participant payments within the stated time.
6.3. MILESTONE PAYMENTS. Participant and Contractor may condition payment on the achievement of various agreed upon milestones for the Transit Buses. Milestone payments will be mutually agreed upon by Participant and Contractor in regard to timing of milestone, acceptance of milestone, and amounts for milestone payments. Payment for milestones will follow the procedure for invoice payment.
6.4. OVERPAYMENTS. Contractor promptly shall refund to Participant the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Participant shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Participant may impose a one percent (1%) per month on the amount overdue thirty (30) days after notice to the Contractor.
6.5. NO ADVANCE PAYMENT. No advance payments shall be made for any goods or services furnished by Contractor pursuant to this Master Contract.
6.6. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing.
6.7. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Participant shall pay applicable sales tax imposed by the tax jurisdictions in which delivery occurs on purchased goods and/or services. Contractor, however, shall not make any charge for federal excise taxes and Participant agrees to furnish Contractor with an exemption certificate where appropriate.
7. CONTRACT MANAGEMENT.
7.1. CONTRACT ADMINISTRATION & NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services’ contract administrator shall provide Master Contract oversight. Contractor’s contract administrator shall be Contractor’s principal contact for business activities under this Master Contract. The parties may change contractor administrators by written notice as set forth below.
Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:
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Enterprise Services Contractor
Attn: David Mgebroff
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Tel: (360) 407-8049
Email: [email protected]
Attn: Lee Petersen, Regional Sales Manager
and Maribel Gonzalez-Becerra, Bid & Contract
Specialist
GILLIG LLC
451 Discovery Drive
Livermore, CA 94551
Tel: (800) 785-1500
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee.
7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Participant issues pertaining to this Master Contract.
7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:
Enterprise Services Contractor
Attn: Legal Services Manager
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]
Attn: William F. Fay, Jr.
Vice President Sales
GILLIG LLC
451 Discovery Drive
Livermore, CA 94551
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee.
8. CONTRACTOR SALES REPORTING; VENDOR MANAGEMENT FEE; & CONTRACTOR REPORTS.
8.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below.
(a) Master Contract Sales Reporting System. Contractor shall report quarterly Master Contract sales in Enterprise Services’ Master Contract Sales Reporting System.
Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor’s Bidder Profile. (b) Data. Each sales report must identify every authorized Participant by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e., sales of an entire agency or political subdivision, not its individual subsections). The “Miscellaneous” option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Participants specified herein during the term of the City Council/RSA Agenda 183 Tuesday, January 10, 2023
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Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales.
(c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter:
FOR CALENDAR QUARTER ENDING
MASTER CONTRACT
SALES REPORT DUE
March 31: April 30
June 30: July 31
September 30: October 31
December 31: January 31
8.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee (“VMF”) of 0.15 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax).
(a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows:
Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax) x .00150.
(b) The VMF must be rolled into Contractor’s current pricing. The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services.
(c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor’s VMF payment to Enterprise Services must reference this Master Contract number, work request number (if applicable), the year and quarter for which the VMF is being remitted, and the Contractor’s name as set forth in this Master Contract, if not already included on the face of the check. (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract suspension or termination or the exercise of other remedies provided by law. Without limiting any other available remedies, the Parties agree that Contractor’s failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify, process, and collect such sum, the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater, or the maximum allowed by law, if less.
(e) Enterprise Services reserves the right, upon thirty (30) days advance written notice, to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing.
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8.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: Product description, part number or other Product identifier, per unit quantities sold, and Master Contract price. This report must be provided in an electronic format that can be read by MS Excel.
9. RECORDS RETENTION & AUDITS.
9.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Contract and orders placed by Participants under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees.
Contractor shall retain such records for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Participant against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.
9.2. AUDIT. Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Participants and that Contractor has paid all applicable contract management fees. Accordingly, Contractor shall permit Enterprise Services, any Participant, and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor’s books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Participant under it for the purpose of making audits, examinations, excerpts, and transcriptions.
This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Participant against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.
9.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Participant, Contractor shall (a) reimburse Participants for any overpayments inconsistent with the terms of this Master Contract or orders, at a rate of 125% of such overpayments, found as a result of the examination of the Contractor’s records; and (b) reimburse Enterprise Services for any underpayment of fees, at a rate of 125% of such fees found as a result of the examination of the Contractor’s records (e.g., if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to Enterprise Services $500 x 1.25 = $625).
10. INSURANCE.
10.1. REQUIRED INSURANCE. During the Term of this Master Contract, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit C – Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for goods/services and no additional payment shall be made.
10.2. WORKERS COMPENSATION. Contractorshall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Master Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect City Council/RSA Agenda 185 Tuesday, January 10, 2023
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from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees.
11. WARRANTY.
11.1. CONTRACTOR WARRANTY. Warranties in this document are in addition to any statutory remedies or warranties imposed on Contractor. Consistent with this requirement, Contractor warrants and guarantees to Participant each complete Transit Bus and specific subsystems and components as follows.
Contractor warrants the Transit Buses are of good material and workmanship and agrees to promptly replace any part or parts, at no cost to the Participant, which by reason of defective materials or workmanship fail under normal use, free of negligence or accident during the applicable warranty period. Contractor warranties include the replacement of parts and services associated with the replacement and repair, including but not limited to any diagnostic, refurbishment, shipping, or travel costs.
Performance requirements based on design criteria will not be deemed a warranty item.
Contractor shall insure in its procurement arrangements that the warranty requirements of this Master Contract are enforceable through and against the Contractor's suppliers, vendors, material men, and subcontractors. Any inconsistency or difference between the warranties extended to Participants by Contractor and those extended to Contractor by its suppliers, vendors, material men, and subcontractors, are at the risk and expense of Contractor. Such inconsistency or difference will not excuse Contractor's full compliance with its obligations under this Contract.
11.2. WARRANTY INFORMATION. Upon Participant’s request, Contractor promptly shall provide complete copies of all written warranties or guarantees and documentation of any other arrangement relating to such warranties or guarantees extended by Contractor's suppliers, sub-suppliers, vendors, material men, and subcontractors covering parts, components, and systems utilized in the bus. Contractor shall ensure that such suppliers, sub-suppliers, vendors, material men, and subcontractors satisfactorily perform warranty related work when requested to do so by Participant.
11.3. SYSTEM WARRANTIES. The following systems are warranted to be free from defects and related defects for the years and mileage listed in the table below, whichever comes first. Each warranty is based on regular operation of the bus under the operating conditions prevailing in Participant’s locale.
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Warranty Description Years/Mileage
Complete Bus Complete bus, propulsion system,
components, major subsystems, and
body and chassis structure
2 years, 100,000 miles;
Class 1 or 2 Failures: 12
years, 500,000 miles
Body And Chassis
Structure
Body, body structure, structural elements
of the suspension and engine cradle
3 years, 150,000 miles
Body and Chassis
Corrosion Failure or
Fatigue Failure
Primary load-carrying members of the
bus structure, including structural
elements of the suspension
Class 1 or 2 Failures: 12
years, 500,000 miles
Propulsion System
(Diesel, CNG, Hybrid)
engine, transmission or drive motors, and
generators (for hybrid technology) and
drive and non-drive axles
2 years, 100,000 miles
Propulsion System
(Electric)
traction motors, traction motor
controllers, transmission, drive motors,
drive and non-drive axles, and any other
propulsion system-related replacement
component
3 years, 100,000 miles
Energy Storage
System
traction battery, Battery Management
System, and any other ESS-related
replacement component
6 years, 300,000 miles
Emission Control
System
complete exhaust system, including
catalytic converter (if required), after
treatment device, components identified
as emission control devices
5 years, 100,000 miles
The ESS is warranted to remain within warrantable end of life during the warranty period. The ESS original specified energy storage capacity and warrantable end of life, as a percentage of the original specified energy capacity, must be clearly defined by the Contractor. Acceptable methods for measuring or obtaining ESS storage capacity with respect to its original specified capacity must be clearly identified by the manufacturer. The manufacturer will propose the test method, and certify the results are true and accurate. The test will be performed according to a documented test procedure. Participant may engage third-parties for capacity testing.
11.4. SUBSYSTEMS WARRANTY. The Contractor warrants the following subsystems to be free from defects and related defects for at least two years or 100,000 miles, whichever comes first. Brake system: Foundation brake components, including advancing mechanisms, as supplied with the axles, excluding friction surfaces.
Destination signs: All destination sign equipment for the front, side and rear signs, power modules and operator control.
Heating, ventilating: Roof and/or rear main unit only, excluding floor heaters and front defroster.
AC unit and compressor: Roof and/or rear main unit only, excluding floor heaters and front defroster.
Door systems: Door operating actuators and linkages. ** Warranty of One Year/Unlimited Miles
Air compressor.
Air dryer. ** Warranty of One Year/Unlimited Miles
Wheelchair lift and ramp system: Lift and/or ramp parts and mechanical only.
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Starter.
Alternator: Alternator only. Does not include the drive system. Charge air cooler: Charge air cooler including core, tanks and including related surrounding framework and fittings.
Fire suppression: Fire suppression system including tank and extinguishing agent dispensing system.
Hydraulic systems: Including radiator fan drive and power steering as applicable. Propulsion cooling systems: Radiator including core, tanks and related framework, including surge tank. Transmission cooler.
Power electronics: DC/DC converters, inverters, if supplied Passenger seating excluding upholstery.
Fuel storage and delivery system.
Surveillance system including cameras and video recorders.
Contractor warrants the following subsystems to be free from defects and related defects for at least two years or 100,000 miles, whichever comes first:
Low voltage and high voltage electrical wiring and harnesses
11.5. SERIAL NUMBERS. Prior to final delivery of each bus, Contractor shall provide a complete electronic list of serialized units installed on each bus to facilitate warranty tracking. The list will include, but is not limited to the following:
Engine
Transmission or Traction Motor
Alternator
Starter
Destination/Luminator (Major
components)
Drive axle and non-drive axle(s)
DVR unit, supporting electronics
(Monitors)
Driver's seat
Battery equalizer
Radiator package
Exhaust emission components
A/C compressor and
condenser/evaporator unit
Power steering unit
Fuel cylinders (if applicable)
Air compressor
Wheelchair ramp (if applicable)
Contractor shall provide updated serial numbers resulting from warranty campaigns. The format of the list will be approved by Participant prior to delivery of the first production bus.
11.6. EXTENSION OF WARRANTY. If, during the warranty period, repairs or modifications on any bus are made necessary by defective design, materials, or workmanship but are not completed due to lack of material or inability to provide the proper repair for thirty (30) calendar days, then the applicable warranty period shall be extended by the number of days equal to the delay period.
11.7. VOIDING OF WARRANTY. The warranty will not apply to the failure of any part or component of the bus that directly results from misuse, negligence, accident, or repairs not conducted in accordance with the Contractor-provided maintenance manuals and with workmanship performed by adequately trained personnel in accordance with recognized standards of the industry. The warranty will be void if Participant fails to conduct normal inspections and scheduled preventive maintenance procedures as recommended in the Contractor’s maintenance manuals and if that omission caused the part or component failure. Participant should maintain documentation, auditable by Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals.
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11.8. EXCEPTIONS AND ADDITIONS TO WARRANTY. Warranties will not apply to the following items:
scheduled maintenance items
normal wear-out items, such as brake linings, filters, belts, and wiper blades items furnished by Participant
Should Participant require the use of a specific product and has rejected Contractor’s request for an alternate product, then the standard supplier warranty for that product will be the only warranty provided to Participant. This product will not be eligible under “Fleet Defects,” below.
11.9. PASS-THROUGH/SUPERIOR WARRANTY. If any vendor to the Contractor offers, at no additional cost, a warranty on a component that is longer or more comprehensive than the required warranties on this Contract, Contractor shall inform Participant of the additional warranty and pass it through to Participant at no additional cost.
Contractor shall state in writing that Participant’s warranty reimbursements will not be impacted.
Contractor also shall state in writing any exceptions and reimbursement including all costs incurred in transport of vehicles and/or components. At any time during the warranty period, Contractor may request approval from Participant to assign its warranty obligations to others, but only on a case-by-case basis approved in writing by Participant. Otherwise, Contractor shall be solely responsible for the administration of the warranty as specified. Warranty administration by others does not eliminate the warranty liability and responsibility of Contractor.
11.10. FLEET DEFECTS. “Fleet Defect” means cumulative failures of twenty five (25%) percent of the same components in the same or similar application in a minimum fleet size of twelve (12) or more buses where such items are covered by warranty. A Fleet Defect applies only to the base warranty period in for Complete Bus, Propulsion System, and Subsystems Warranty. When a Fleet Defect is declared, the remaining warranty period on that item/component is suspended. The warranty period does not resume until the Fleet Defect is corrected.
For the purpose of Fleet Defects, each order shall be treated as a separate bus fleet. In addition, if there is a change in a major component within the order, the buses containing the new major component will become a separate bus fleet for the purposes of determining Fleet Defects.
Contractor shall correct a Fleet Defect under the warranty provisions defined in Section 13 Repair Procedure. After correcting the Fleet Defect, Participant and Contractor shall mutually agree to and Contractor shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same Fleet Defect in all other buses and spare parts purchased under the order. Where the specific Fleet Defect is solely attributed to particular identifiable parts, the work program will include redesign and/or replacement of only the defectively designed and/or manufactured parts. In all other cases, the work program will include inspection and/or correction of all the buses in the fleet via a mutually agreed-to arrangement. Contractor shall update, as necessary, technical support information (parts, service and operator’s manuals) due to changes resulting from warranty repairs. Participant may immediately declare a defect in design resulting in a safety hazard to be a Fleet Defect. Contractor shall be responsible to furnish, install and replace all defective units.
The Fleet Defect warranty provisions do not apply to Participant-supplied items, such as radios, fare collection equipment, communication systems, and tires. In addition, Fleet Defects do not apply to interior and exterior finishes, hoses, fittings, and fabric.
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12. REPAIR PROCEDURE.
12.1. REPAIR PERFORMANCE. Contractor is responsible for all warranty-covered repair work, including diagnostics of warranty covered parts. To the extent practicable, Participant will allow Contractor or its designated representative to perform repair work. At its discretion, Participant may perform such repair work if it determines it needs to do so based on transit service or other requirements. Contractor shall reimburse Participant for any warranty-covered repair work it performs.
12.2. REPAIRS BY THE CONTRACTOR. Participant shall notify Contractor’s designated representative within thirty (30) days if Participant detects a defect within the warranty periods defined in this Master Contract or the applicable Participant Order. Contractor or its designated representative shall, if requested, begin repair work on warranty-covered repairs within five (5) calendar days after receiving notification of a defect from Participant. Participant will make the bus available to complete repairs timely with the Contractor’s repair schedule.
Contractor shall provide at its own expense all spare parts, tools, and space required to complete repairs. At Participant’s option, Contractor may be required to remove the bus from Participant’s property while repairs are made. If the bus is removed from Participant’s property, then repair procedures must be diligently pursued by Contractor’s representative.
12.3. REPAIRS BY PARTICIPANT. If Participant performs the warranty-covered repairs, then it must correct or repair the defect and any related defects utilizing parts supplied by Contractor specifically for this repair. At its discretion, Participant may use Contractor-specified parts available from its own stock if deemed in its best interests. Parts supplied by Contractor may be remanufactured but must have the same form, fit and function, and warranty. The parts will be shipped prepaid to Participant from any source selected by Contractor within fourteen (14) days of receipt of the request for said parts and shall not be subject to a handling charge.
12.4. DEFECTIVE COMPONENT RETURN. Contractor may request that parts covered by the warranty be returned to the manufacturing plant. Contractor will pay the freight costs for this action.
12.5. FAILURE ANALYSIS. Upon specific request of Participant, Contractor will provide a failure analysis of Fleet Defect or safety-related parts, or major components, removed from buses under the terms of the warranty that could affect fleet operation. Such reports will be delivered within 60 days of the receipt of failed parts.
12.6. REIMBURSEMENT FOR LABOR AND OTHER RELATED COSTS. Contractor shall reimburse Participant for repair labor. The amount is determined by Participant for a qualified mechanic at a straight time wage rate per hour, which includes fringe benefits and overhead adjusted for Participant’s most recently published rate in effect at the time the repair work is performed, plus the cost of towing the bus if such action was necessary and if the bus was in the normal service area. These wage and fringe benefit rates shall not exceed the rates in effect in Participant’s service garage at the time the defect correction is made.
12.7. REIMBURSEMENT FOR PARTS. Contractor shall reimburse Participant for defective parts and for parts that must be replaced to correct the defect. The reimbursement will be at the current price at the time of repair and include taxes where applicable, plus fifteen (15) percent handling costs.
Handling costs will not be paid if parts are supplied by Contractor and shipped to Participant.
12.8. REIMBURSEMENT REQUIREMENTS. Contractor shall respond to parts warranty claims with an accept/reject decision including necessary failure analysis no later than sixty (60) days after City Council/RSA Agenda 190 Tuesday, January 10, 2023
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Participant submits the claim and defective part(s), when requested. Reimbursement for all accepted claims shall occur no later than sixty (60) days from the date of acceptance of a valid claim. Participant may dispute rejected claims or claims for which Contractor did not reimburse the full amount. Contractor and Participant will review disputed warranty claims during the following quarter to reach an equitable decision to permit the disputed claim to be resolved and closed. Contractor and Participant will review all claims at least once per quarter throughout the entire warranty period to ensure that open claims are being tracked and properly dispositioned.
12.9. WARRANTY AFTER REPLACEMENT/REPAIRS. If any component, unit, or subsystem is repaired, rebuilt, or replaced by Contractor or by Participant with the concurrence of Contractor, then the component, unit, or subsystem will have the unexpired warranty period of the original. Repairs will not be warranted if Contractor-provided or authorized parts are not used for the repair, unless Contractor has failed to respond within five days, in accordance with Section 13.2 Repairs by the Contractor.
If an item is declared to be a Fleet Defect, then the warranty stops with the declaration of the Fleet Defect. Once the Fleet Defect is corrected, the items shall have three (3) months or the remaining time and/or miles of the original warranty, whichever is greater. This remaining warranty period will begin on the repair/replacement date for corrected items on each bus if the repairs are completed by Contractor or on the date Contractor provides all parts to Participant if repairs are completed by Participant.
12.10. WARRANTY PROCESSING PROCEDURES. The following list represents information required by Contractor from the Participant for processing warranty claims. One failure per bus per claim is allowed.
bus number and VIN
total vehicle life mileage at time of repair
date of failure/repair
acceptance/in-service date
Contractor part number and description
component serial number
description of failure
all costs associated with each failure/repair (invoices may be required for third-party costs):
o towing
o road calls
o labor
o materials
o parts
o handling
o troubleshooting time
The Participant’s forms will be accepted by Contractor if all of the above information is included.
Electronic submittal may be used if available between Contractor and Participant.
12.11. RETURN OF PARTS. When returning defective parts to Contractor, Participant will tag each part with the following:
bus number and VIN
claim number
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part number
serial number (if available)
12.12. TIMEFRAME. Each claim must be submitted no more than thirty (30) days from the date of failure and/or repair, whichever is later. All defective parts must be returned to the Contractor, when requested, no more than forty-five (45) days from the date of repair.
13. QUALITY ASSURANCE
13.1. QUALITY ASSURANCE ORGANIZATION ESTABLISHMENT. Contractor shall establish and maintain an effective in-plant quality assurance organization.
13.2. QUALITY CONTROL. The quality assurance organization shall exercise quality control over all phases of production, from initiation of design through manufacture and preparation for delivery. The organization shall also control the quality of supplied articles.
13.3. AUTHORITY AND RESPONSIBILITY. The quality assurance organization shall have the authority and responsibility for reliability, quality control, inspection planning, establishment of the quality control system, and acceptance/rejection of materials and manufactured articles in the production of the transit buses.
13.4. MINIMUM FUNCTIONS. The quality assurance organization shall include the following minimum functions:
Work instructions: The quality assurance organization shall verify inspection operation instructions to ascertain that the manufactured product meets all prescribed requirements. Records maintenance: The quality assurance organization shall maintain and use records and data essential to the effective operation of its program. These records and data shall be available for review by the resident inspectors. Inspection and test records for this procurement shall be available for a minimum of one year after inspections and tests are completed.
Corrective action: The quality assurance organization shall detect and promptly ensure correction of any conditions that may result in the production of defective transit buses.
These conditions may occur in designs, purchases, manufacture, tests or operations that culminate in defective supplies, services, facilities, technical data or standards.
13.5. BASIC STANDARDS AND FACILITIES. The following standards and facilities shall be basic in the quality assurance process:
Configuration control: Contractor shall maintain drawings, assembly procedures and other documentation that completely describe a qualified bus that meets all of the options and special requirements of each Purchase Order. The quality assurance organization shall verify that each transit bus is manufactured in accordance with these controlled drawings, procedures and documentation.
Measuring and testing facilities: Contractor shall provide and maintain the necessary gauges and other measuring and testing devices for use by the quality assurance organization to verify that the buses conform to all specification requirements. These devices shall be calibrated at established periods against certified measurement standards that have known, valid relationships to national standards. Production tooling as media of inspection: When production jigs, fixtures, tooling masters, templates, patterns and other devices are used as media of inspection, they shall City Council/RSA Agenda 192 Tuesday, January 10, 2023
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be proved for accuracy at formally established intervals and adjusted, replaced or repaired as required to maintain quality.
Equipment use by resident inspectors: Contractor’s gauges and other measuring and testing devices shall be made available for use by the resident inspectors to verify that the buses conform to all specification requirements. If necessary, the Contractor’s personnel shall be made available to operate the devices and to verify their condition and accuracy.
13.6. MAINTENANCE OF CONTROL. Contractor shall maintain quality control of purchases:
Supplier control: Contractor shall require each supplier to maintain a quality control program for the services and supplies that it provides. Contractor’s quality assurance organization shall inspect and test materials provided by suppliers for conformance to specification requirements. Materials that have been inspected, tested and approved shall be identified as acceptable to the point of use in the manufacturing or assembly processes.
Controls shall be established to prevent inadvertent use of nonconforming materials. Purchasing data: Contractor shall verify that all applicable specification requirements are properly included or referenced in purchase orders of articles to be used on transit buses.
13.7. MANUFACTURING CONTROL. Contractor shall maintain quality control of production:
Controlled conditions: Contractor shall ensure that all basic production operations, as well as all other processing and fabricating, are performed under controlled conditions.
Establishment of these controlled conditions shall be based on the documented work instructions, adequate production equipment and special working environments if necessary.
Completed items: A system for final inspection and test of completed transit buses shall be provided by the quality assurance organization. It shall measure the overall quality of each completed bus.
Nonconforming materials: The quality assurance organization shall monitor the Contractor’s system for controlling nonconforming materials. The system shall include procedures for identification, segregation and disposition. Statistical techniques: Statistical analysis, tests and other quality control procedures may be used when appropriate in the quality assurance processes. Inspection status: A system shall be maintained by the quality assurance organization for identifying the inspection status of components and completed transit buses. Identification may include cards, tags or other normal quality control devices.
13.8. Inspection System. The quality assurance organization shall establish, maintain and periodically audit a fully documented inspection system. The system shall prescribe inspection and test of materials, Work in process and completed articles. At a minimum, it shall include the following controls:
Inspection personnel: Sufficient trained inspectors shall be used to ensure that all materials, components and assemblies are inspected for conformance with the qualified bus design.
Inspection records: Acceptance, rework or rejection identification shall be attached to inspected articles. Articles that have been accepted as a result of approved materials review actions shall be identified. Articles that have been reworked to specified drawing City Council/RSA Agenda 193 Tuesday, January 10, 2023
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configurations shall not require special identification. Articles rejected as unsuitable or scrap shall be plainly marked and controlled to prevent installation on the bus. Articles that become obsolete as a result of engineering changes or other actions shall be controlled to prevent unauthorized assembly or installation. Unusable articles shall be isolated and then scrapped. Discrepancies noted by the Contractor or resident inspectors during assembly shall be entered by the inspection personnel on a record that accompanies the major component, subassembly, assembly or bus from start of assembly through final inspection.
Actions shall be taken to correct discrepancies or deficiencies in the manufacturing processes, procedures or other conditions that cause articles to be in nonconformity with the requirements of the Contract specifications. The inspection personnel shall verify the corrective actions and mark the discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming materials, then the Agency shall approve the modification, repair or method of correction to the extent that the Contract specifications are affected. Quality assurance audits: The quality assurance organization shall establish and maintain a quality control audit program. Records of this program shall be subject to review by the Agency.
14. CLAIMS.
14.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees, and agents in connection with its operations under this Master Contract. Neither Enterprise Services nor any Participant has made any representations regarding any factor affecting Contractor’s risks. Contractor shall pay for all damage to any Participant’s property resulting directly or indirectly from its acts or omissions under this Master Contract.
14.2. THIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services and any Participant and their employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees (collectively “claims”) arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise Services or any Participants’ negligence. Contractor shall take all steps needed to keep Participant’s property free of liens arising from Contractor’s activities, and promptly obtain or bond the release of any such liens that may be filed.
15. DISPUTE RESOLUTION.
15.1. DISPUTE PROCEDURE. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior manager of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute.
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15.2. PERFORMANCE DURING DISPUTE. Unless otherwise directed by Enterprise Services, Contractor shall continue performance under this Master Contract while matters in dispute are being resolved.
16. SUSPENSION & TERMINATION.
16.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor’s operations under this Master Contract immediately by written cure notice of any default. In such case, the notice of suspension will state the time period in which cure is permitted and other appropriate conditions. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s rights under this Master Contract. All of Contractor’s obligations to Enterprise Services and Participants survive termination of Contractor’s rights under this Master Contract, until such obligations have been fulfilled.
16.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by Contractor:
(a) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract including, but not limited to, Contractor’s obligation to pay vendor management fees when due;
(b) Contractor breaches any representation or warranty provided herein; or (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary.
16.3. REMEDIES FOR DEFAULT.
(a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Participants replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price.
16.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Participant be liable to the other for exemplary or punitive damages.
16.5. GOVERNMENTAL TERMINATION.
(a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services’ procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Participant from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event City Council/RSA Agenda 195 Tuesday, January 10, 2023
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of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Participant shall have any obligation or liability to Contractor. (b) TERMINATION FOR CHANGE OF AUTHORITY. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, federal procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract as a State Cooperative Purchasing Schedule under applicable federal law; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Participant from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Participant shall have any obligation or liability to Contractor.
(c) TERMINATION FOR PUBLIC CONVENIENCE. Enterprise Services, for public convenience, may terminate this Master Contract; Provided, however, that such termination for public convenience must, in Enterprise Services’ judgment, be in the best interest of the State of Washington; and Provided further, that such termination for public convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that such termination for public convenience shall not relieve any Participant from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for public convenience, neither Enterprise Services nor any Participant shall have any obligation or liability to Contractor.
16.6. TERMINATION PROCEDURE. Regardless of basis, in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination.
Accordingly, Contractor shall deliver to Participants all goods and/or services that are complete (or with approval from Enterprise Services, substantially complete) and Participants shall inspect, accept, and pay for the same in accordance with this Master Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not process any orders after notice of suspension or termination inconsistent therewith.
17. FTA ROLE IN DISPUTES, BREACHES, DEFAULTS, OR OTHER LITIGATION.
17.1. FTA INTEREST. The U.S. Federal Transit Administration (“FTA”) has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the award, this Master Contract, and any amendments thereto including, but not limited to, a default, breach, major dispute, or litigation. Accordingly, FTA shall have the right to concur in such any settlement or compromise.
17.2. NOTIFICATION TO FTA. If a current or prospective legal matter that may affect the Federal Government emerges, Enterprise Services and Participant promptly shall notify the FTA Chief Counsel, or FTA Regional Counsel for the Region in which Enterprise Services and Participant are located.
1. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
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2. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the award, this Master Contract, and any amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
3. If Enterprise Services or Participant have credible evidence that a Principal, Official, Employee, Agent, or Third Party Participant of Enterprise Services or Participant, or other person has submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct involving federal assistance, Enterprise Services and Participant promptly shall notify the U.S. DOT Inspector General, in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Enterprise Services and Participant are located.
17.3. FEDERAL INTEREST IN RECOVERY. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for this Master Contract.
18. GENERAL PROVISIONS.
18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Master Contract.
18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law.
18.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein.
18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party.
18.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
18.6. NO AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Master Contract. Neither party is an agent of the other party nor authorized to obligate it.
18.7. ASSIGNMENT. Contractor may not assign its rights under this Master Contract without Enterprise Services’ prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Master Contract in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Master Contract notwithstanding any prior assignment of its rights.
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18.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.
18.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public disclosure as required by Washington’s Public Records Act, RCW chapter 42.56. The Purchase Order and all related documents are subject to the public disclosure requirements of the Participant’s jurisdiction.
18.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, or any applicable Participant any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any Transit Buses provided in Washington for the purpose of carrying out the Contractor’s obligations under this Master Contract, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action.
18.11. FEDERAL FUNDS. To the extent that any Participant uses federal funds to purchase goods and/or services pursuant to this Master Contract, such Participant shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery.
18.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Master Contract.
18.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Master Contract, nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision.
18.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods.
18.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master Contract shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. The validity, construction, performance, and enforcement of Purchase Orders shall be governed by and construed in accordance with the laws of the Participant’s jurisdiction.
18.16. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Master Contract, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, City Council/RSA Agenda 198 Tuesday, January 10, 2023
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Washington. In the event that any action is brought to enforce any provision of a Purchase Order, the parties agree to submit to exclusive jurisdiction and venue in the Participant’s jurisdiction.
18.17. ATTORNEYS’ FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted.
18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition.
18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the parties and any applicable Participant shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract.
18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety.
18.21. CAPTIONS&HEADINGS. The captions and headings in this Master Contract are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Master Contract nor the meaning of any provisions hereof.
18.22. ELECTRONIC SIGNATURES. A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Master Contract or such other ancillary agreement for all purposes.
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18.23. COUNTERPARTS. This Master Contract may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Master Contract.
EXECUTED as of the date and year first above written.
STATE OF WASHINGTON
Department of Enterprise Services
GILLIG LLC
a California company
By: ___________________________
Elena McGrew
By: ___________________________
William F Fay, Jr.
Its: Enterprise Procurement Manager Its: Vice President Sales City Council/RSA Agenda 200 Tuesday, January 10, 2023
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COOPERATIVE PURCHASING AGREEMENT
FOR
TRANSIT BUSES
MASTER CONTRACTNO. 06719
This Cooperative Purchasing Agreement for Transit Buses (“Agreement”) is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency (“Enterprise Services”) and City of Union City, California, a Municipal Corporation (“Authorized Purchasing Entity”) and is dated and effective as of November 1, 2022.
R E C I T A L S
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish master contracts for goods and/or services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature also has authorized Enterprise Services to make these master contracts available, pursuant to an agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agencies or entities, public benefit nonprofit organizations, and any tribes located in the State of Washington.
See RCW 39.26.050(1) & (2).
B. In addition, Enterprise Services is authorized “to participate in, sponsor, conduct, or administer a cooperative purchasing agreement.” See RCW 39.26.060(1).
C. Master Contract Cooperative Purchasing Agreements provide an opportunity for Enterprise Services to meet the needs of its customers and, by designing and developing the Competitive Solicitation and resulting Master Contract to include the opportunity for cooperative utilization by Authorized Purchasing Entities through a Cooperative Purchasing Agreement, to meet the needs of similarly situated purchasing entities who collectively enable an innovative, cost-effective, and efficient procurement solution for awarded contractors and eligible purchasers.
D. The above-referenced Master Contract was competitively bid, evaluated, and awarded pursuant to the State of Washington’s procurement laws for goods/services. See RCW 39.26. The procurement and resulting Master Contracts were designed to create competition and awarded contractors for a variety of Transit Buses (contract categories).
E. The above-referenced Master Contract was designed to and meets Federal Transit Administration (“FTA”) requirements for a State Cooperative Purchasing Contract under the FAST Act Sec. 3019. See Pub.L. 114-94.
F. There are no pending protests or lawsuits pertaining to the procurement or award of the Master Contract.
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G. Enterprise Services maintains procurement and contract records pertaining to the Master Contract including the Competitive Solicitation, Bid Tab, Bidder Profiles, and resulting Master Contracts. In addition, Enterprise Services Transit Buses website identifies the various awarded contractors.
H. The purpose of this Agreement is to enable the Authorized Purchasing Entity to utilize the above referenced Master Contract consistent with the terms thereof and the terms and conditions set forth herein.
A G R E E M E N T
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:
1. TERM. Upon execution, this Cooperative Purchasing Agreement shall continue for the term of the applicable Master Contract, as amended or extended; Provided, however, that, upon written notice to Enterprise Services, Purchasing Entity may terminate its participation in this Cooperative Purchasing Agreement and its ability to utilize the above-referenced Master Contract.
2. AUTHORIZATION TO UTILIZE THEMASTER CONTRACT. Consistent with the terms and conditions of the Master Contract and Purchasing Entity’s applicable procurement law, Purchasing Entity is authorized to utilize the above-referenced Master Contract as a procurement solution. The State of Washington makes no representation or warranty regarding Purchasing Entity’s governing law or whether the Master Contract is an appropriate procurement solution for Purchasing Entity.
3. CONTRACTOR CONSENT. Consistent with its applicable procurement authority, Purchasing Entity may propose and negotiate jurisdiction-specific terms with the applicable awarded Contractor to meet Purchasing Entity’s needs; Provided, however, that any such jurisdiction-specific modifications are subject to agreement with the applicable awarded Contractor. Under no circumstances, however, will Purchasing Entity’s jurisdiction-specific modifications change or modify the Master Contract obligations between the State of Washington and the applicable awarded Contractor. Upon execution of Purchasing Entity’s agreement with the applicable awarded Contractor, Purchasing Entity shall provide a copy of the same to Enterprise Services prior to making any purchases under the Master Contract.
4. VENDOR MANAGEMENT FEE. The Vendor Management Fee set forth in the Master Contract shall be paid by the applicable Contractor to Enterprise Services on all applicable purchases. In no event shall Purchasing Entity modify, waive, or terminate the Vendor Management Fee. Any such modification, waiver, or termination of the Vendor Management Fee shall be deemed a material breach of this Agreement and shall terminate the Agreement; and, in the event Purchasing Entity attempts to modify, waive, or terminate the Vendor Management Fee, Purchasing Entity shall, by such act, agree to notify Enterprise Services of the same and to pay to Enterprise Services, within thirty (30) days, the equivalent of the otherwise applicable Vendor Management Fee.
5. ACCURATE PURCHASES. Purchasing Entity shall make orders within the scope of the Master Contract.
Any purchases outside of the scope of the Master Contract shall constitute a breach of this Agreement. IN the event ofsuch breach, Enterprise Services may terminate this Agreement, including the authorization for any purchases by Purchasing Entity under the Master Contract. Purchasing Entity represents and warrants that it shall use reasonable, good faith efforts to assist the Contractor City Council/RSA Agenda 202 Tuesday, January 10, 2023
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in obtaining and reporting to Enterprise Services accurate purchases under the Master Contract for purposes of the applicable Vendor Management Fee.
6. AGREEMENTMANAGEMENT;NOTICES;PURCHASING ENTITY CONTRACT ADMINISTRATOR. (a) AGREEMENT MANAGEMENT; NOTICES. The parties hereby designate the following contacts as the respective single points of contact for purposes of this Agreement. The parties may change such individuals by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:
Enterprise Services City of Union City – Union City Transit Attn: Bus Purchases
Department of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]
Attn: Steve Adams, Transit Manager
City of Union City – Union City Transit
34650 Seventh Street
Union City, CA 94587-3693
Email: [email protected]
Work: 510.675.5446
Mobile: 510.760.3549
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. (b) PURCHASING ENTITY INFORMATION. Purchasing Entity hereby designates the following contract administrator as the single point of contact for business activities under this Agreement.
Purchasing Entity Information
Organization Name City of Union City
Tax Identification Number 94-6036941
State Business Identification Number
(Required for Non-Profit entities)
Contact Name for Contract Administrator Steve Adams
Title Transit Manager
Address 34009 Alvarado-Niles Road
City, State, Zip Union City, CA 94587-4452
Phone Number 510.675.5446
Email Address [email protected]
7. COMMUNICATION. In the event Purchasing Entity becomes aware of a significant contract performance issue pertaining to the Master Contract that, in Purchasing Entity’s reasonable judgment, could adversely impact the State of Washington, Purchasing Entity shall communicate the same to Enterprise Services.
8. CONTRACTOR DISPUTES. Purchasing Entity is responsible for resolving any disputes between itself and the applicable Master Contract Contractor regarding its purchases. Purchasing Entity shall notify Enterprise Services of any material dispute between Purchasing Entity and the applicable Master City Council/RSA Agenda 203 Tuesday, January 10, 2023
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Contract Contractor. When appropriate, Enterprise Services may assist Purchasing Entity in resolving such disputes.
9. NO LIABILITY. Other than those obligations expressly set forth in this Agreement, including the right of the State of Washington to the Vendor Management Fee, the partiesshall have no liability whatsoever to each other with regard to transactions arising out of this Agreement or the Master Contract.
10. TAXES/FEES. Unless otherwise agreed with Contractor, Purchasing Entity shall pay applicable sales and use taxes imposed by the tax jurisdictions in which purchase delivery occurs. Contractor agrees not make any charge for federal excise taxes and Purchasing Entity shall furnish Contractor with an exemption certificate where appropriate.
11. SCOPE OF PARTICIPATION. Purchasing Entity shall provide Enterprise Services with Purchasing Entity’s estimates for purchases under the Master Contract. Purchasing Entity shall provide timely updates regarding such estimated purchases if there is a material change in such planned purchases. The purchasing estimates are for Enterprise Services’ planning purposes in managing and approving purchases on the Master Contract.
Category Estimated Purchases
Heavy Duty 14
Light/Medium Duty
Double Decker
Rebuilt
Refurbish
Repower
12. APPROVAL PROCESS. Purchasing Entity shall submit purchase information to Enterprise Services for approval of purchases under the Master Contract. Purchasing Entity shall provide necessary purchase information for each purchase including but not limited to, the final purchase order, the use of FTA funding, FTA grant number, and applicable Department of Transportation contact for approval.
Enterprise Services shall include the respective state Department of Transportation for purchasing using FTA funds which require state DOT approval.
13. GENERAL PROVISIONS
(a) ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations and representations. There are no representations or understandings of any kind not set forth herein.
(b) AMENDMENT OR MODIFICATION. Except as set forth herein, this Agreement may not be amended or modified except in writing signed by a duly authorized representative of each party. (c) AUTHORITY. Each party to this Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance of this Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party.
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(d) ELECTRONIC SIGNATURES. An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other ancillary agreement for all purposes. (e) COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Agreement.
EXECUTED as of the date and year first above written.
TRANSIT BUSES COOPERATIVE
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
By:
Name:
Title:
AUTHORIZED PURCHASING ENTITY
AGENCY
NAME
By:
Name: Joan Malloy
Title: City Manager
Return this Agreement to Enterprise Services at:
[email protected]
Jaime Rossman
Assistant Director
City Council/RSA Agenda 205 Tuesday, January 10, 2023
11/10/2022
Union City Transit
34650 Seventh Street
Union City, CA 94587
Dear Steve Adams,
This letter is in response to your request dated for October 24th, 2022, authorization to purchase Transit Buses from DES Master Contract #06719. Your request is as follows:
DES Contract # Vehicle Type Contractor/Vendor
Sales Rep
Agreement/FTA Grant
Number
#06719 Low Floor Transit EBus Gillig, LLC/Lee
Peterson
2022 5339(c) Low or
No Emission Vehicle
Program
Quantity Bus Length (Feet) Fuel Type Delivery Location* Fourteen (14) 35’ Electricity 34650 Seventh Street
Union City, CA 94587
The contract pricing established during the competitive bid process and the terms and conditions shall apply for this purchase. DES authorizes your organization to proceed in ordering the above referenced buses.
Thank you for your interest in doing business with the State of Washington. If you have any questions/concerns, please contact [email protected].
Sincerely,
David Mgebroff,
Procurement Strategy Supervisor
Contracts & Procurement Division
Washington State Department of Enterprise Services
City Council/RSA Agenda 206 Tuesday, January 10, 2023
Agenda Item
DATE: 1/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INFORMATIONAL PROGRESS REPORT ON THE CITY’S STRATEGIC PLAN, FY2019-20 THROUGH FY2024-25, AND CITY COUNCIL
PRIORITIES
Staff recommends that the City Council accept this informational report on the progress and accomplishments on the Strategic Plan and City Council priorities made since July 2022.
STRATEGIC PLAN ALIGNMENT
This report is in alignment with Goal E, Strategy 3, of the Strategic Plan.
GOAL E: Communication and Outreach
Strategy 3: Create and implement a plan for conveying progress and outcomes from the City’s Strategic Plan to employees and the community at large.
BACKGROUND
The five-year (FY 2019-20 through FY 2024-25) Strategic Plan was initially adopted in 2019 as a tool to establish the priorities set by the City Counciland ensure accountability in implementing the strategies.
Almost eighteen months ago, on August 5, 2021, the City Council held a Strategic Plan workshop retreat to review the midpoint accomplishments of the five-year plan and establish new strategies for the coming FY of 2021-22 and 2022-23. The Strategic Plan Midpoint Updates identified in the August retreat were formally adopted by the Council on October 12, 2021, Resolution 5840-21. The complete Strategic Plan can be found here: Revised Union City Midpoint Update
At the August 9, 2022, City Council meeting, staff provided a comprehensive review on the progress and accomplishments completed on the Strategic Plan Midpoint Update of 2021. The August 2022 staff report is City Council/RSA Agenda 207 Tuesday, January 10, 2023
attached (Attachment 1).
This informational report serves as an update on the progress staff has made since August 2022. For easy reference, Attachment 2 includes a dashboard of the specific strategies that are summarized in this report.
DISCUSSION
GOALA: FINANCIAL STABILITYAND SUSTAINABILITY
Foster fiscal health through disciplined long-term planning, cost control, heightened ef iciency, increased revenue, and cost recovery.
A.5: Implement the City cannabis program to attain anticipated new revenue with a commitment to adapting where necessary in light of evolving Statewide trends.
For Fiscal Year 2021/2022, Union City received over $500,000 in cannabis tax revenues (not including sales tax) from the existing Commercial Cannabis Use Permittees.
In November 2022, the Union City Municipal Code was amended to allow for cannabis dispensary/retail use in the Neighborhood Commercial (CN) District, Community Commercial (CC) District, Visitor and Recreation Commercial (CVR) District, and the Professional and Administrative Commercial (CPA) District, subject to all existing regulatory and licensure requirements. In addition, the prohibition on cannabis dispensaries being located within 100 feet of a residential zoning district was eliminated because many commercial districts are adjacent to residentialzones.
The Fiscal Year 2022-2023 Master Fee Schedule was amended to increase Commercial Cannabis Application fees that are charged to applicants for cost recovery to keep pace with inflation.
The City opened the cannabis application process on October 27, 2022, and will accept applications until January 9, 2023. A pre-application meeting was held via Zoom on November 2, 2022, to provide all interested parties an opportunity to discuss the application process with City staff.
A.7: Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts Measure Z, which extended the local one-half cent sales tax for an additional nine years until March 31, 2034, was passed by the voters with 75% approval on the November 2022 ballot.
GOAL B:GOVERNANCE AND ORGANZATIN EFFECTIVENESS
Produce high quality service to the community through a commitment to local government best practices and employee development, support, and retention.
B.1: Align the provision of critical city services and Strategic Plan implementation with current staffing levels.
In December 2022, the City Council approved amendments to the Personnel Rules, which are the regulations and procedures for administering and managing the City personnel transactions to ensure fairness, equity, and efficiency. The changes to the Personnel Rules provided clarification and consistency and updated obsolete language.
City Council/RSA Agenda 208 Tuesday, January 10, 2023
B.6: Establish meaningful ways to recognize outstanding employee performance.
The City held its annual Employee of the Year Awards, which recognized an employee from each of the following groups: General Government, Police Department, and Public Works Maintenance/Community & Recreation Services. These “Employees of the Year” are cooperative, supportive, and participate in the achievement of organization goals; exhibit and encourage others to embody the values of the city organization; and are receptive and responsive to the needs of the community and fellow employees. Annually, Employees of the Year are honored with a City Council Proclamation.
B.11: Develop and implement a marketing plan to aid in ensuring key positions are filled, including the use of targeted recruitment incentives such as hiring bonuses) for difficult-to-hire positions.
The police department has taken a 3-stage approach to achieve this goal:
1. Digital Media - The department has hired digital media company to create short videos that run on paid campaigns such as Google, YouTube, and other social media platforms. These videos focused on local diverse candidates that link interested applicants to an updated website for an overview of our organization.
2. Employee Referral Incentives - Current employees in an organization with high morale can be one of an agency’s best tools in the recruitment of new employees. By offering a referral incentive program, employees are rewarded for their efforts in helping to alleviate the staffing crisis. Any police department employee who refers a new, sworn employee receives a $5,000 referral bonus at different junctures in the hiring process.
3. Authorization to over-hire based on forecasted vacancies - Filling vacancies in a sworn classification is a long process. The recruiting, hiring, and training takes from 12 to 18 months and the success rate is less than 50% from the initial recruiting phase to the completion of field training/probation. Desirable candidates tend to receive multiple job offers and will not wait weeks or months for a police department to have a vacancy. The City Council authorized the Police Department to over-hire up to four sworn positions to prepare for projected retirements. This allows the organization to have a replacement employee recruited, hired, and trained in anticipation of upcoming vacancies. With the targeted recruitment effort, the City has been able to recruit and hire 42 new employees, including 30 sworn employees and 12 non-sworn employees.
B.12: Increase the staff efficiency and responsiveness by improving the design of and access to selfserving options.
City staff migrated multiple applications and surveys in 2022 to online forms. The new online forms, like the Cannabis Permit Application, provide automated response validation and eliminate the need to physically receive and validate applications. IT staff made over 165 changes in 2022 to the City’s’ website.
GOAL C: ECONOMIC, COMMUNITY DEVELOPMENT AND PUBLIC SAFETY.
Institute a forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
City Council/RSA Agenda 209 Tuesday, January 10, 2023
C.1: Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses forthe benefit of the community
As an outcome of the discussion regarding this strategy, the City Council provided feedback to prepare design/performance standards to ensure future industrial developments are well-designed and can accommodate a variety of flex-industrial uses including office and research and development. It is anticipated that these standards will be reviewed by the Planning Commission and City Council in February/March 2023.
C.2: Facilitate the build out of the greater Station District Area through the construction of the Quarry Lakes Parkway, completion of the pedestrian rail crossing, and implementing the recommendations of the Southern Alameda County Regional Rail Integration Study to make the Station District a passengerrail hub served byACE and Dumbarton Rail.
On July 12, 2022, the City Council held a Study Session on the status of Quarry Lakes Parkway, the Gateway site, and the rail hub. For a complete overview, the link to the staff report and PowerPoint presentation are provided. Coversheet (novusagenda.com) City staff and project engineers met with staff from the US Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife to discuss the Quarry Lakes Parkway project’s permitting and drainage strategies on September 8, 2022. Regulatory agency staff expressed concurrence with the project’s drainage plans.
The City’s preliminary engineering consultant for Quarry Lakes Parkway Phases 1 and 2, Mark Thomas & Company, Inc., completed preliminary engineering (30% designs) for Phases 1 and 2.
The City executed an amendment to the consulting services agreement with Mark Thomas for final design of Quarry Lakes Parkway Phases 1 and 2 on November 22, 2022.
The City executed a Consulting Services Agreement with Mark Thomas for preliminary engineering (30% Design) of Quarry Lakes Parkway Phases 3 and 4, on November 22, 2022. A kick-off meeting for Phases 3 and 4 preliminary engineering was held between City staff and the consultant team on November 29, 2022.
City staff continue to engage with Union Pacific Railroad (UP) staff on the construction of the BART pedestrian at-grade crossing. For the past several months, City and UP staff have met monthly to discuss design submittals, preemption calculations, UP’s review comments and the anticipated project schedule, with the focus on improvements at other public at-grade crossing locations required by UP.
The City recently approved an amendment to the consulting services agreement contract with Rail Surveyors and Engineers, Inc. (RSE) on December 13, 2022, to support this work.
C.3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organization andAlameda County.
The City is recruiting for a part-time Homeless Program Outreach Worker position. This position is funded by the Permanent Homeless Local Housing (PHLA) grant, and once hired will work under the Homelessness Programs Coordinator/Case Manager, assisting in outreach and support to the CAREavan program, unhoused individuals, and encampments. This staff person will also help assess needs and identify appropriate community resources to support unhoused individuals and families.
In additional to the CAREavan safe parking program that is operated by Union City, the City partners with the Fremont’s Clean Start service to provide mobile shower and laundry support to unhoused people in Union City twice per week.
The City regularly convenes its interdepartmental team to address the circumstances of homeless individuals and encampments within City boundaries.
A report to the City Council on the status of homelessness in the City will be provided in the near City Council/RSA Agenda 210 Tuesday, January 10, 2023
future.
C.4: Work with the Union Landing Property Owner’s Association to ensure Union Landing remains a destination for shoppers through property improvements, on-going property maintenance, and a continued focus on public safety.
Staff has been working with the Union Landing Property Owner’s Association to re-landscape, repaint and update the Union Landing monument signs located along Dyer Street. This was a public/private partnership with shared costs from the Property Business Improvement District (PBID) and the City.
C.5: Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards for new multi-family residential development in order to streamline the review of applications for housing developments, and update the Housing Element, to facilitate the development of affordable housing.
State housing element law requires cities to accommodate State forecasted housing demand for all income levels. This is accomplished through housing policy and the identification of sites to accommodate population growth. As part of the 2023-2031 housing element cycle, the City is mandated to identify sites that can accommodate 2,728 additional housing units.
In July 2022, staff submitted the Draft 2023-2031 Housing Element to the State of California Housing and Community Development Department (HCD) for review; and on November 8, 2022, the City Council held a public hearing to amend the General Plan and Zoning Ordinance to align land use with the proposed Housing Element to accommodate the housing growth. Staff is in the process of responding to the comments from HCD on the Draft Housing Element submittal and expects to be resubmitting to HCD in the first quarter of 2023.
Attached is the link to the Draft 2023-2031 Housing Element:
Housing and Safety Element Update | Union City, CA
The Planning Division is also working on the creation of objective development standards for new multi-family developments to streamline review of housing projects. A robust outreach process associated with that effort wrapped up in October. A draft of the objective development standards will be brought to the decision makers for review in Spring/Summer 2023.
C.11: Complete the General Plan Update, the Station District Specific Plan, and the Hillside Specific Plan.
The City Council adopted the 2040 General Plan Update on December 10, 2019, and the Station District Specific Plan on October 25, 2022. Both documents were amended to comply with the Draft 2023-2031 Housing Element.
C.12: Provide employee training foremergency preparedness and conduct disasterresponse drills.
A Disaster Service Worker training was developed and rolled out to Department Heads in December 2022.
The training will be presented to all employees in the first quarter of 2023, which will also include Personal Emergency Preparedness training.
City Council/RSA Agenda 211 Tuesday, January 10, 2023
C.15: Continue to review development permitting processes to streamline service, improve efficiency, and develop a communication plan to disseminate modifications to staff and customers.
Amendments to the Zoning Ordinance were approved in September 2022, which streamlined review of singlefamily residential developments including addition of objective design standards and removal of certain types of planning review. The ECD Department is continually refining its internal processes to better facilitate on-line application submittals.
C.16: Assess the feasibility of using a private provider to add high-speed internet with the goal of reducing Union City ISP costs and enhancing internet speed for businesses and residents.
Staff partnered with a consultant to analyze the conduit owned by the City and connected to over 60 traffic signalized intersections. The study results will be made available to staff in early 2023. In 2022, staff enabled LTE (wireless broadband) connectivity to all the City traffic controllers and multiple pedestrian safety systems such as rapid flashing warning signs, crosswalks and signals. The LTE system is not fully operational, yet.
C.20: Facilitate the development of entitlements and closing on the sales of the Gateway property to generate revenue to fund the construction of Phase 3 and 4 of the Quarry Lakes Parkway.
Staff has worked extensively with the engineering consultants to create a site plan that addresses storm water treatment that would be acceptable to the permitting agencies and maximizes open space and developable property for the community. An updated site plan was shared with the City Council on July 12, 2022, during the City Council Study Session on the status of Quarry Lakes Parkway. Attached is the link to the staff report and PowerPoint presentation for a complete overview. Coversheet (novusagenda.com) C.22: Increase fines for illegal fireworks, develop and implement a public communication campaign about fireworks, consider banning the sale and deployment of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.
In 2022, staff implemented an on-line fireworks system to standardize the application for all fireworks permittees to ensure fireworks sales and taxes were being consistently documented and reported. In partnership with the fireworks vendors, staff developed and implemented a robust public education and outreach program about the proper use of “safe and sane” fireworks and penalties for the illegal use of fireworks. This educational program will be instituted annually. Staff also completed a thorough audit of all staffing expenses to ensure fullcost recovery for implementing the fireworks program.
GOAL D: ENVIRONMENTAL SUSTAINABILITYAND INFRASTRUCTURE
Create a healthy, sustainable community and maintain and improve the City’s infrastructure.
D.3: Develop a citywide information technology strategic plan and establish an IT committee to prioritize investments, implementation, and staff training.
In September 2022, the City Council adopted the Fiscal Year 2022/23 – 2026/27 Union City Information Technology Services (ITS) Department Five-Year Strategic Roadmap that focuses the City’s resources on the efficient and effective use of technology to deliver City services. A link to the staff report can found here:
City Council/RSA Agenda 212 Tuesday, January 10, 2023
Coversheet (novusagenda.com)
This is the first five-year plan that the City has prepared for information technology services.
D.4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee, Railroad Preemption Fees.
On September 13, 2022, staff presented a report to City Council to seek recommendations for projects to be used to update the Capital Facilities Fee and other development impact fees. City staff will use these recommendations to guide Phase 2 of the impact fee update, which will identify capital projects and their costs, and be used to formulate new and updated fees.
D.9: Create and implement a plan to maintain and upgrade the City’s buildings.
Staff presented to the City Council on August 9, 2022, an informational report on the current conditions of city hall and other city facilities. The report concluded the importance of preparing a Facilities Master Plan. This also aligns with the Council’s strategy Goal A, New Strategy for 2021, Number 2., “Determine the feasibility of a revenue ballot measure……. to fund a new city hall/library.” The first step in such a consideration would be a Facilities Master Plan to identify cost, need and citywide priorities. Attached is a link to the Informational Report on Current Conditions of City Hall and Other City Facilities staff report: Coversheet (novusagenda.com) D.12: Prepare RFP for Franchise Agreements forsolid waste and recycling collections with emphasis on selecting vendors with resources to implement organics legislation.
In Fall 2022, City staff began initial discussions with Tri-CED and Republic Services regarding potential for contract extensions of existing franchise agreements.
D.13: Enable a robust cybersecurity and information technology disasterrecovery service City staff has enabled a new data backup system that allows for quicker system restoration and data anomaly detection.
GOAL E: COMMUNCATION AND OUTREACH
Build strong connection with community partners, residents, and employees.
E.6: Launch the newly formed Sales Tax and Utility Users’ Tax Oversight Committee, support their efforts to review tax revenues and expenditures, and make reports to the City Council and community at-large.
This Committee was re-established late 2021 and met four times in 2022 to review the revenues and expenditures of the one-half cent sales tax and the utility user tax. Annually, in the spring, the Committee reports to the City Council.
E.10: Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to City Council/RSA Agenda 213 Tuesday, January 10, 2023
place murals on the Kennedy Park BART pillars.
The Arts and Culture Commission meets quarterly and has made initial contact with BART to understand their process of adding art to BART-owned property.
CONCLUSION
Staff continues to work towards the Council’s Strategic Plan goals and strategies as expeditiously as possible with current staffing levels. Staff is planning a City Council retreat to review and update the Strategic Plan for the new City Council in the summer of 2023.
FISCAL IMPACT
There is no fiscal impact to the General Fund by receiving this report.
RECOMMENDATION
Staff recommends that City Council accept this informational report on the progress and accomplishments on the Strategic Plan and City Council priorities made since July 2022.
Prepared by:
SERENITY MLAY, MANAGEMENT ANALYST I
Submitted by:
SERENITY MLAY, MANAGEMENT ANALYST I
ATTACHMENTS:
Description Type
Attachment 1 - Informational Progress Report ofAugust 9, 2022 Attachment Attachment 2 - Strategic Plan Dashboard FY2019-20 through FY 2024-25
Attachment
Presentation Attachment
City Council/RSA Agenda 214 Tuesday, January 10, 2023
Agenda Item
DATE: 08/09/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INFORMATIONAL PROGRESS REPORT ON THE CITY’S
STRATEGIC PLAN AND CITY COUNCIL PRIORITIES FOR FISCAL
YEAR 2021-2022.
EXECUTIVE SUMMARY
Staff recommends that City Council accept this informational report on the progress and accomplishments on the Strategic Plan (see Attachment 1) and City Council priorities made from August 2021 and July 2022.
STRATEGIC PLAN ALIGNMENT
This report is in alignment with Goal E, Strategy 3, of the Strategic Plan.
GOAL E: Communication and Outreach
Strategy.3: Create and implement a plan for conveying progress and outcomes from the City’s Strategic Plan to employees and the community at large.
BACKGROUND
The five-year (FY 2019-20 through FY 2024-25) Strategic Plan was adopted in 2019 as a tool to establish the priorities set by the City Council and ensure accountability in implementing the strategies. Approximately a year ago, on August 5, 2021, City Council and department directors held a Strategic Plan workshop retreat to review the midpoint accomplishments of the five-year plan and establish new strategies for the coming FY of 2021-22 and 2022-23. The Strategic Plan Midpoint Updates were adopted in October 12, 2021.
At the August 2021 retreat, the Council restated its commitments to the Goals and added the following strategies:
City Council/RSA Agenda 215 Tuesday, January 10, 2023
Goal A: Financial Stability and Sustainability
1. Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts.
2. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 that could consider a new landscape and lighting district (indexed to CPI) and/or a tax to fund a new City Hall/library.
3. Study the benefits and opportunity to update the City’s business license tax for voter consideration.
GOAL B: Governance and Organization Effectiveness
While no new strategies were added under this goal, the Council restated their commitment to staff recruitment, retention, and succession planning.
GOAL C: Economic, Community Development and Public Safety
1. Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway.
2. Continue providing support to City residents and businesses related to COVID-19 recovery.
3. Increase fines for illegal fireworks, develop and implement a public communication campaign about fireworks, consider banning the sale and deployment of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.
GOAL D: Environmental Sustainability and Infrastructure
1. Prepare RFP for Franchise Agreements for solid waste and recycling collections with emphasis on selecting vendors with resources to implement organics legislation
2. Enable a robust cyber security and information technology disaster recovery service.
GOAL E: Communication and Outreach
1. Develop and implement a diversity, equity and inclusion approach to citywide communications and outreach.
2. Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars.
DISCUSSION
As the City recovers from COVID-19, staff continues to make progress in implementing and completing the strategies. This report documents the progress and outcomes of the strategies since the August 2021 workshop retreat and midpoint update of the Strategic Plan.
GOAL A: FINANCIAL STABILITY AND SUSTAINABILITY
Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue, and cost recovery.
A.5: Implement the City cannabis program to attain anticipated new revenue with a commitment to adapting where necessary in light of evolving Statewide trends • FLOR East Bay, LLC received a retail permit February 23, 2021. FLOR opened for business in late June 2021. Their expected cannabis business tax revenue was projected to be $279,000 City Council/RSA Agenda 216 Tuesday, January 10, 2023
in FY 2021-22. As of March 31, 2022, the City had collected $310,573 in cannabis tax revenues, exceeding the initial projections.
• Jiva Life, LLC had a grand opening for a retail location at 30545 and 30547 Union City Boulevard on May 25, 2022. The City anticipates a cannabis business tax revenue of $258,000 in FY 2022-23; $277,000 in FY 2023-24; $298,000 in FY 2024-25; and, $320,000 in FY 2025-26.
• To date, Union City has received $175,768.80 in cannabis community benefits payments.
These funds support a variety of services and community needs, including marijuana drug recognition training for police officers, support for Youth and Family Services and the City’s CAREvan program, CRS scholarships, and other high-priority community programs.
A.6: Conduct routine evaluations of city fees and update as needed.
Based on strategies recommended by the Fiscal Stability Committee on August 2020, the Community & Recreation Services Department presented recommendations for increasing CRS fees to City Council in March 2021. City Council approved the fee increases, which is projected to increase CRS revenues to reduce City subsidies of classes, court maintenance, facility use, and field rentals. These adjustments included:
• Increased sports field rental rates.
• Increased reserved tennis court rates.
• Increased Mark Green Sports Center membership fees.
• A five (5) percent increase for all fee-based classes.
In addition, City staff have retained a consultant to perform a comprehensive update of our Development Impact Fees. The fee updates are expected to be completed by spring 2023 and will include a review of the Public Works Department’s Plan Check fees. Last, the FY 2022-23 Master Fee Schedule was adopted by City Council on May 24, 2022.
A7: Study and prepare for placement of a revenue measure for the November 2022 election that addresses the expiration of the half-cent sales tax; or prepare for $6 million in service cuts. • In January 2022, a City Council Ad Hoc Subcommittee, consisting of Councilmembers Singh and Duncan, was formed to consider the placement of the one-half cent sales tax on the November 2022 ballot. The Subcommittee also considered a possible update to the City’s business license tax, which would also require voter approval. The Subcommittee recommended that the Council consider placing the extension of the one-half cent sales tax on the ballot and further study the business license tax for consideration by the voters in November 2024.
• A survey was conducted regarding the residents’ perspective on the half-cent sales tax and City services. Other outreach methods included social media, web content, flyers, FAQs, and informational mailers sent to every household.
• On July 12, 2022, City Council voted unanimously to place the measure on the November 2022 ballot for voter consideration.
A9: Study the benefits and opportunity to update the City’s business license tax for voter consideration.
City Council/RSA Agenda 217 Tuesday, January 10, 2023
• On February 3, 2022, staff presented to the Council Ad Hoc Subcommittee to consider the placement of revenue measures (i.e., business license tax increase and/or the one-half cent sales tax extension) on the 2022 ballot.
• On February 17, 2022, the Ad Hoc Subcommittee recommended deferring the consideration of the business license tax to 2024 to provide time to refine the analysis and understand the impact that raising the tax may have on Union City businesses. • On February 22, 2022, City Council accepted Ad Hoc Subcommittee recommendations.
Finance is continuing to gather data from our local businesses to better assess the impact a business license tax increase may have.
GOAL B: GOVERNANCE AND ORGANZATIONAL EFFECTIVENESS
Produce high-quality services to the community through a commitment to local government best practices and employee development, support, and retention B.1: Align the provision of critical city services and Strategic Plan implementation with current staffing levels.
Human Resources Director, Lilybell Nakamura, gave a report to City Council on July 26, 2022 detailing the operational plan for the Human Resources Department and the accomplishments in improving the onboarding process for new employees. The new onboarding process includes an inperson orientation where the employee will have an opportunity for an onsite tour of city hall, introduction to staff, a PowerPoint presentation about the City’s mission and values, an overview of the organizational structure, operations, employee resources, policies, and training.
GOAL C: ECONOMIC, COMMUNITY DEVELOPMENT AND PUBLIC SAFETY Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
C.1: Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
• Staff presented to EDAT in 2020 the feasibility of transforming warehouses and provided several options to explore. EDAT members supported updating the Zoning Ordinance to include standards for flex-industrial buildings and preparation of a study to analyze increasing the business tax on warehouse uses.
• Staff hired HdL to prepare the analysis. Based on feedback from HdL, the scope of the analysis was expanded to review all the City's business license tax fees. • The draft study entitled "HdL Business Tax Analysis" was presented to EDAT in September 2021, which provided several methodologies for increasing the business license tax. EDAT members provided feedback on a preferred methodology.
• In October 2021, staff provided an overview of the warehouse transformation options presented to EDAT, the draft HdL study, and EDAT’s recommendations to the City Council.
The Council concurred with updating the Zoning Ordinance and evaluating the business license tax structure for consideration of putting it on the ballot. Staff noted the need for additional time to further refine the business license tax methodology and to outreach to businesses.
City Council/RSA Agenda 218 Tuesday, January 10, 2023
C3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County. • The City applied for and received a Permanent Homeless Local Housing (PHLA) grant that provides funding for homelessness programs staffing (one full-time Coordinator/Case Manager and one part-time Outreach Worker).
• The City hired a Homelessness Programs Coordinator/Case Manager, who will be the City’s central point of contact for homeless matters and will establish a City inter-departmental team that will meet regularly to address the circumstances of homeless individuals and encampments within City boundaries.
• A recruitment plan is being prepared to hire a part-time Homeless Outreach Worker in the fall of 2022.
C.4: Work with the Union Landing Property Owner’s Association to ensure Union Landing remains a destination for shoppers through property improvements, on-going property maintenance, and a continued focus on public safety.
• Economic Development staff provide direct support to the administrative function of the Union Landing Property Owners Association (ULPOA), which includes administration of the Union Landing Property Business Improvement District (PBID) funds and budget; tax filings; records retention; nonprofit filings; and budget reports. As a result of these efforts, an active, engaged ULPOA Board of Directors work to ensure the center’s viability and continued collaboration with the City and the Police Department.
• Economic Development and Public Works staff worked with the ULPOA to complete Phase I of the gateway walls rebranding along Dyer Street. This work required removal of dead and dying landscaping, repair and repainting of the walls and the installation of new wall signage on each of the City-owned walls and the privately-owned wall. • Phase II of the rebranding is underway and includes relandscaping both the City and privately-owned gateway wall landscape areas. This project will be largely overseen by Public Works staff.
• The ULPOA and City Council approved the FY 2022-23 Annual Report with a budget that included funding for three dedicated police officers; web page and social media promotions; banner maintenance; funds for gateway wall landscaping, and a contingency fund to support ongoing improvement efforts.
• With the support of City staff, the ULPOA funded holiday festivities in 2001 to support enhanced holiday sales post pandemic.
C.5: Promote housing development for all income levels in the community by updating the zoning ordinance to include objective standards for new multi-family residential development in order to streamline the review of applications for housing developments, and update the Housing Element, to facilitate the development of affordable housing.
City Council/RSA Agenda 219 Tuesday, January 10, 2023
• The draft Housing Element was prepared over the past year and was informed by extensive outreach efforts (i.e., community meetings, community survey in multiple languages, stakeholder interviews, and pop-up event at Farmers Market). The Housing Element was released for 30-day public review in June/July 2022 and draft reviewed by Planning Commission during that time.
• The draft has been submitted to the State Housing and Community Development (HCD) Department for their review. A formal adoption by City Council is expected in the Winter 2022-23.
• Updates to the Zoning Ordinance are currently underway to streamline review of singlefamily developments including the addition of objective design standards for single-family and accessory dwelling units and SB 9 developments. Zoning Ordinance updates also address streamlining review of new single-family residences and accessory structures. Anticipated review by City Council in September 2022.
• Updates to Zoning Ordinance are currently underway to create new residential/mixed use Zoning Districts to implement the 2040 General Plan and Station District Specific Plan and add objective design standards for multi-family developments. Anticipated review by the City Council is in first half of 2023.
• Staff processed and City Council approved a 123-unit, 100 percent affordable housing development within the Station East area in June 2022.
• Staff partnered with Midpen Housing, the developers for Lazuli Landing, which is an 80-unit, 100 percent affordable housing development, to successfully obtain an Affordable Housing and Sustainable Communities grant in the amount of $13.5 million.
C.6: Update the Economic Development Strategic Plan to meet the City’s financial goals and build regional partnerships.
• City staff supported Management Partners’ effort to evaluate economic development practices. Staff support to this effort included Union City sector analysis including top 10 sectors based on NAICS codes; summarization of sales tax revenue reports; industrial real estate reports; and real estate trend reports for the region. This data will also feed into the Economic Development Strategic Plan update scheduled to begin in FY 2022-23.
C.7: Collaborate with commercial brokers on retail and commercial opportunities for new businesses and identify factors that will encourage high revenue-producing businesses to lease vacant properties.
• Economic Development staff provides on-going response to broker and businesses inquiries regarding interest in both retail and industrial space.
C10: Strengthen the Community Emergency Response Team Program through the Alameda County Fire Department per agreement with the County
• City staff conducted a hybrid CERT Academy which will include a hands-on module with ACFD later this year.
• City staff have also coordinated with Newark CERT to combine training and meetings together to allow for both programs to leverage our current membership. Staff are also City Council/RSA Agenda 220 Tuesday, January 10, 2023
beginning to conduct quarterly in-person hands-on training for all CERT members, and staff are holding monthly virtual trainings for CERT members and community members.
C.11: Complete the General Plan update, the Station District Specific Plan, and the Hillside Specific Plan.
• The draft Station District Specific Plan and related draft EIR was released for public review in June 2022. The Specific Plan and EIR are anticipated to be brought back to the City Council for adoption/certification in Fall 2022.
• Staff and the consultant team are preparing a Background Report for the Hillside area, which is the first step to develop a Specific Plan for the proposed Hillside development project.
C12: Provide employee training for emergency preparedness and conduct disaster response drill
City staff is working with the Human Resources Department to develop the FEMA Incident Command System (ICS) training program, which is expected to begin later this summer. The program will cover the principles and basic function areas of the ICS system, online FEMA courses in IS 100, IS 700, National Incident Management System (NIMS) and up to operating a full Emergency Operations Center (EOC). The program will also offer employees Personal Emergency Preparedness (PEP) training to inform and prepare individuals and their families to be self-sufficient for days after an area-wide emergency or disaster.
C.14: Update the police department strategic plan to include Reimagine Policing Initiatives In June 2020, the Policing and Community Engagement Committee convened eight virtual listening sessions where 15 stakeholders provided feedback on policing in Union City. The committee developed the following initiatives:
1. Accountability and Transparency
2. Hiring and Training
3. Mental Health & Social Services
4. Community Policing
• City Council provided direction to establish work teams (Policing & Community Engagement Working Groups) to research opportunities and create an implementation plan. • Policing & Community Engagement Working Groups provided areas in which the Police Department could focus their efforts to reimagine policing within the strategic plan. • Internal and external surveys were conducted with employees and community members. • A Peace Officer Standards and Training (P.O.S.T) facilitated Team Building Workshop was attended by all supervisory ranks and above. This Team Building Workshop was used to build upon the recommendations from the Policing & Community Engagement Working Groups as it pertained to the Strategic Plan and their reimagining recommendations. • A five (5) year Police Department Strategic Plan was developed, reviewed, and approved by the City Council.
• The Strategic Plan will be published on the Police Department website.
City Council/RSA Agenda 221 Tuesday, January 10, 2023
C.15: Continue to review development permitting processes to streamline service and improve efficiency and develop a communication plan to disseminate modifications to staff and customers.
• Economic and Community Development Department staff refined internal processes to better facilitate on-line application submittals and updated public handouts further clarifying on-line submittal process.
C.17: Create a plan for leveraging the social services resources in Union City and the County to make efficient use of all limited resources
Covid-19 has severed the traditional model of providing social services to the community. In, addition, staffing shortages made it more difficult to maintain relationships with our community partners. Now that programming and services have returned, staff is forging new private/public partnerships to continue to serve the growing needs of the community.
C.20: Facilitate the development of entitlements and closing on the sale of the Gateway property to generate revenue to fund the construction of Phases 3 and 4 of the Quarry Lakes Parkway
• The City entered into an ENA with City Ventures in December 2021 for development of the Gateway property.
C21: Continue providing support to City residents and businesses to COVID-19 recovery Despite the business need for financial assistance as a result of the impacts of COVID-19, the business response has been slow to apply for funding. While not documented, businesses may be experiencing fatigue, and some have struggled to provide necessary documentation to receive funding.
On-going Business Support
Both Housing and Economic Development staff continually provided support to residents and businesses regarding COVID-19 relief grant opportunities at the state, federal, and regional level. Most funds are used for rent relief, payroll support and reimbursement for personal protection equipment (PPE) and other COVID-19 expenses. In addition, not all assistance is monetary, some include referral to legal or other resources.
Union City’s Road to Recovery Loan Results (CARES Act and CDBG entitlement funding) Loan/grant amounts available Between $10,000 - $25,000
Number of loans awarded 23 businesses
Number of loans in pipeline 7 businesses
Total Amount Distributed $550,000
City Council/RSA Agenda 222 Tuesday, January 10, 2023
Temporary Outdoor Dining
The City established a COVID-19 Relief Temporary Outdoor Dining program to allow restaurants to install seating outdoors through a streamlined review process. Thirty restaurants took advantage of the outdoor dining temporary program and staff also worked with SyWest Development to address the sidewalk seating needs of smaller businesses.
Eastbay Community Energy (EBCE) Food Security Grant
Fifty thousand dollars was allocated to eight community organizations for COVID-19 response to support food security in the community. Funding helped aid in purchasing additional food and non-grocery items, the distribution of food and support for the expansion of operations, purchase of PPE and supplies, and the hiring of temporary staff.
Residential Rental Assistance
Approximately $284,000 in rental assistance was issued to provide rental assistance for tenant’s struggling financially due to the COVID-19 pandemic and who have been unable to pay their rent. The total number of household members that were able to stay housed with the help of the rental assistance payments was 202. Funding was provided from both the CARES Act and the City’s CDBG entitlement funding to provide rental assistance for tenants.
Alameda County Emergency Rental Assistance Program
Alameda County was able to provide approximately $3.26 million in emergency rental assistance for tenants in Union City who were struggling financially due to the COVID-19 pandemic and were unable to pay rent and had accrued back rent through the pandemic. The County was able to approve 208 applications for Union City residents who were eligible for the program. City staff coordinated with the County on multiple communication outreach flyers to ensure that tenants struggling to pay rent had access to the Alameda County application portal to apply for rental assistance.
C.22: Increase fines for illegal fireworks, develop and implement a public communication campaign about fireworks, consider banning the sale and deployment of all fireworks if the threat to community safety is not significantly reduced during the 4th of July season.
Per the Strategic Plan and Council direction, staff explored strategies for increased penalties for deployment of illegal fireworks, conduct a public opinion survey on community views regarding fireworks, formalized regulations, and processes for the sale of Safe and Sane fireworks, and increased outreach and education. These efforts are described in full detail below.
Increase fines for illegal fireworks: The City Council introduced and adopted Ordinance No. 890-21 on October 26, 2021, which added Chapter 7.26 – Fireworks to the Union City Municipal Code, that:
• Deleted UCMC Chapter 15.20.140 – Explosives and Fireworks. • Defined the deployment of illegal fireworks as a misdemeanor. • Created a $1,000 fine for deployment of illegal fireworks or for the deployment of Safe and Sane fireworks in violation of UCMC Chapter 7.26.
• Established a Social Host Ordinance that created a $1,000 fine issued against the property owner where illegal fireworks are deployed.
City Council/RSA Agenda 223 Tuesday, January 10, 2023
• Provided the authority to the Union City Police Department to issue administrative citations in violation of UCMC Chapter 7.26.
• Determined that Union City would be responsible for collecting the fines for citations issued as opposed to the Alameda County District Attorney.
Public Opinion Survey: In response to the City Council's direction to seek the community’s viewpoint regarding the use of fireworks, staff engaged Godbe Research to prepare a survey.
Results of the survey were presented to the City Council at the October 26, 2021, meeting. The polling results showed that the community is divided on the issue of supporting the sale of Safe and Sane Fireworks and supporting the banning of all fireworks. The results indicated that, should an ordinance banning all fireworks be adopted by the Council, the ordinance is unlikely to hold up in a referendum.
Updated Regulations for Safe and Sane Fireworks Sales: The City Council also adopted Resolution No. 5844-21 on October 26, 2021, which amended City Council Resolution No. 2537- 03 as follows to reflect actual practices in the administration of Fireworks regulations for organizations issued a permit to sell State Fire Marshal-approved “Safe and Sane” fireworks:
• Organizations issued a permit to sell fireworks are now required to document all costs and expenses incurred selling fireworks on a Fireworks Financial Report disclosure form prepared by the City.
• Organizations selling fireworks must comply with state law and provide proof of payment to the California Department of Tax and Fee Administration (CDTFA) of state and local sales taxes.
• Provided authority for the Fireworks Administrator not to issue a fireworks sales permit for the 2022 season if an organization did not provide proof of payment for state and local sales taxes.
• Requires treasurer of the organization selling fireworks to determine the net income generated from fireworks sales and the amount deposited into the treasury. • Requires treasurer of the organization selling fireworks to attest to accuracy of the Fireworks Financial Report submitted to the City.
City staff also worked with the fireworks suppliers to design a Fireworks Financial Report disclosure form to identify revenues generated by fireworks sales and all expenses incurred, including the payment of sales taxes. The fireworks suppliers assisted the organizations selling fireworks to complete the form. The specific disclosure items included:
• Retail value of fireworks sold.
• Sales taxes and City surcharge fees charged to fireworks customers. • Payment to California Department of Tax and Fee Administration for state and local sales taxes.
• Expenses incurred selling fireworks.
• An attestation of the net fireworks income deposited into the treasury.
Outreach and Education: For the 2022 fireworks season, the City Attorney, staff, and the fireworks distributors Phantom and TNT worked together to prepare a brochure that was printed by the fireworks suppliers and provided to all customers purchasing Safe and Sane Fireworks.
The brochure identifies safe practices for the deployment and disposal of Safe and Sane fireworks and discloses the new fines for the deployment of illegal fireworks and deployment of Safe and Sane fireworks in violation of UCMC Chapter 7.26. The brochure was also mailed as a fire safety educational postcard to all Union City residents (22,536 addresses) on June 13, 2022.
City Council/RSA Agenda 224 Tuesday, January 10, 2023
The Union City web page and City-sponsored social media advised residents about the increased fines for deploying illegal fireworks. From June 27th – July 4th, the City conducted a social media campaign on local fireworks laws, penalties, and safety procedures, on Facebook, Twitter, Instagram, and Next Door. In addition, the City distributed the educational brochure on its email list servs through GovDelivery on June 27th, July 1st, and July 4th.
City and ACFD staff also participated in two nonprofit booth operator orientations coordinated through TNT and Phantom Fireworks in May 2022. Staff discussed the fireworks booth application process, financial reporting process, inspections, and answered questions. Staff will also train volunteers on how to document fireworks sales expenses and to complete a new online Fireworks Financial Report.
GOAL D: ENVIRONMENTAL SUSTAINABILITY AND INFRASTRUCTURE Create a healthy, sustainable community and maintain and improve the City’s infrastructure.
D.4: Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee, Railroad Preemption Fees
On February 8, 2022, City Council authorized staff to engage Economic Planning Systems, Inc. (EPS) to update several existing development impact fees and add a Transportation Impact Fee in accordance with AB 1600. The analysis is to ensure impact fees are aligned with the impact that new development will have on City services, infrastructure, and facilities. Staff anticipates the completion of the development impact fee update by spring 2023.
D.9: Convert the UC Transit fleet to electric
To date, Union City Transit has applied for multiple Federal Transit Administration (FTA) discretionary grants through the Bus & Bus Facilities (B&BF) and Low or No Emissions Vehicle (Low-No) programs without success. The discretionary funds are needed to cover the funding gap that exists between the secured FTA formula funds for replacement vehicles that only cover the cost of a diesel-hybrid buses and the much more expensive battery-electric buses (BEB). With the passage of the federal Bipartisan Infrastructure Law (BIL), several million dollars were allocated to FTA discretionary programs and FTA announced that a new notice of funding opportunity (NOFO) would be released in March 2022. Grant applications were expected before the end of spring 2022 with a faster determination of funding awards within 90 days of application close.
Union City Transit has applied for these funds through the Low-No and/or B&BF program to cover not only the current need for replacement buses (replace two 2008 and six 2010 buses) but also near-term replacement buses (replace six 2012 buses) along with the necessary charging infrastructure for these vehicles and the electric paratransit vehicles that were authorized for procurement in February 2022. Union City Transit is waiting to hear back from FTA for grant application determination. As of September 27, 2021, the City has one fully electric Transit vehicle procured and entered into service.
City Council/RSA Agenda 225 Tuesday, January 10, 2023
GOAL E: COMMUNICATION AND OUTREACH
Build strong connections with community partners, residents, and employees.
E.8: Develop an outreach strategy aligned with the City’s brand guidelines aimed at heightening the profile of the City within the community and region On June 17, 2022, KTVU’s Zip Trip broadcasted live in Union City. Four reporters visited different business and locations around town highlighting resident’s favorite places, restaurants and why Union City is called a diverse and compassionate city.
E.10: Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the Kennedy Park BART pillars.
After coming out of pandemic restrictions, the Arts and Culture Commission is re-engaging and re-establishing the mural program, starting with the utility box mural program with a plan to expand in the future to other mural projects, including the BART pylons. The Human Relations Commission (HRC) has expressed interest in participating in the mural program to engage in the community.
FISCAL IMPACT
There is no fiscal impact associated with this report.
RECOMMENDATION
Staff recommends that City Council accept this informational report on the progress and accomplishments on the Strategic Plan and City Council priorities made from October 2021 and July 2022.
Prepared by
Serenity Mlay, Management Analyst I
Submitted by
Joan Malloy, City Manager
Attachments
Description Type
• Strategic Plan Midpoint Update Attachment 1
City Council/RSA Agenda 226 Tuesday, January 10, 2023
Union City Strategic Plan Midpoint Update September 221 Goal A. Financial Stability and Sustainability Page 9
Goal A. Financial Stability and Sustainability
Foster fiscal health through disciplined long-term planning, cost control, heightened efficiency, increased revenue, and cost recovery.
The table below contains the strategies associated with Goal A and the implementation years.
Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
Goal A: Financial Stability and Sustainability
Strategies
1. Develop a comprehensive fiscal sustainability model
to address the General Fund’s long-term structural x x x deficit.
2. Determine the level of authorization for the utility users’ tax and develop an informational plan.
Complete
3. Reduce costs associated with the City’s fire contract with Alameda County by pursuing discussions x x x
regarding a new emergency services model.
4. Develop a plan to reduce the costs and increase
revenue for Community and Recreation Services.
Complete
5. Implement the City’s cannabis program to attain the
anticipated revenue in new revenue with a
commitment to adapting where necessary in light of
evolving Statewide trends.
x x x x
6. Conduct routine evaluations of city fees and update
as needed. x x
x
New Strategies Added August 2021
7. Study and prepare for placement of a revenue
measure for the November 2022 election that
addressesthe expiration of the half-centsales tax; or
prepare for $6 million in service cuts.
x x
Complete
8. Determine the feasibility of a revenue ballot measure for November 2024 and/or November 2026 that could
consider a new landscape and lighting district
(indexed to CPI) and/or a tax to fund a new City Hall/
library.
x x
9. Study the benefits and opportunity to update the
City’s businesslicense tax for voter consideration. x x x City Council/RSA Agenda 227 Tuesday, January 10, 2023
Goal B. Governance and Organization Effectiveness Page 10 Union City Strategic Plan Midpoint Update September 2021 Goal B. Governance and Organization Effectiveness
Produce high-quality services to the community through a commitment to local government best practices and employee development, support and retention.
The table below contains the strategies associated with Goal B and the implementation years.
Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
Goal B: Governance and Organization Effectiveness
Strategies
1. Align the provision of critical city services and Strategic Plan implementation with current staffing levels. x x x
2. Establish professional development plans for each
x x
employee to optimize staff resources, support their
growth and demonstrate commitment to employees’
careers through a mentoring program and cross-training
assignments.
3. Implement a new system of electing councilmembers by district and establish protocols for governance.
x x
4. Prioritize the results of the Management Audit and
develop an implementation strategy.
Complete
5. Create a formal exit interview process to learn the
reasons employeesleave and obtain useful feedback for x Complete organizational improvements.
x x
6. Establish meaningful ways to recognize outstanding
employee performance.
x x
x
7. Review and update as needed the City’s personnel
policies to ensure they reflect best practices in diversity x x and inclusion.
8. Conduct a market study of competitive salary and
benefits to support recruitment and retain talented staff. x x
9. Identify mandated/non-mandated functions and changes needed in each department to ensure proper balance
based on available resources and align services to staff resources.
x
10. Develop institutional knowledge “capture” techniques to document processes and proceduresin anticipation of x
retirements and other turnover.
11. Develop and implement a marketing plan to aid in
ensuring key positions are filled, including the use of targeted recruitment incentives (such as hiring bonuses) for difficult-to-hire positions.
x x x
12. Increase staff efficiency and responsiveness by improving the design of and access to self-service options. x x x x City Council/RSA Agenda 228 Tuesday, January 10, 2023
Union City Strategic Plan Midpoint Update September 2021 Goal C. Economic, Community Development and Public Safety Page 11 Goal C. Economic, Community Development and
Public Safety
Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
The table below contains the strategies associated with Goal C and the implementation years.
Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
Goal C: Economic, Community Development and Public Safety Strategies
1. Analyze the feasibility of transforming warehousesto attract high-value industrial and commercial uses for x x x x Analysis the benefit of the community. Complete Complete
2. Facilitate the build out of the greater Station District x x x x
Area through the construction of the Quarry Lakes
Parkway, completion of the pedestrian rail crossing,
and implementing the recommendations of the
Southern Alameda County Regional Rail Integration
Study to make the Station District a passenger rail hub served by ACE and Dumbarton Rail.
3. Develop a multi-departmental approach to address
homelessnessthrough coordination with staff, x x x x
community organizations and Alameda County.
4. Work with the Union Landing Property Owner’s
x x x x
Association to ensure Union Landing remains a
destination for shoppersthrough property
improvements, on-going property maintenance, and a
continued focus on public safety.
5. Promote housing development for all income levels in x x x
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.
6. Update the Economic Development Strategic Plan to
meet the City’s financial goals and build regional x
partnerships.
7. Collaborate with commercial brokers on retail and
commercial opportunities for new businesses and
identify factors that will encourage high revenueproducing businessesto lease vacant properties. x x x x
City Council/RSA Agenda 229 Tuesday, January 10, 2023
Goal C. Economic, Community Development and Public Safety Page 12 Union City Strategic Plan Midpoint Update September 2021 Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
8. Prioritize and expedite major land use development
applications.
x x x x
9. Update the short-range transit plan that includes an evaluation of providing services to the business x x
district and the New Haven Unified School District.
10. Strengthen the Community Emergency Response
Team program through the Alameda County Fire x x x x
Department, per agreement with the County.
11. Complete the General Plan update, the Station District Specific Plan and the Hillside Specific Plan.
x
x x
General Plan
Completed
12. Provide employee training for emergency
preparedness and conduct disaster response drills.
x x x x
13. Align public safety services with community needs
based on a data driven decision-making approach
(i.e., emergency medicalservices, restoration of
terminated police programs, etc.).
x x x x
14. Update the police departmentstrategic plan to
include reimagine policing initiatives.
x x
Complete
15. Continue to review development permitting processes to streamline service and improve efficiency and
develop a communication plan to disseminate
modifications to staff and customers.
x x
16. Assess the feasibility of using a private provider to add high-speed internet with the goal of reducing Union
City ISP costs and enhancing internet speed for
businesses and residents.
x
17. Create a plan for leveraging the social services
resourcesin Union City and the County to make x x
efficient use of all limited resources.
18. Review the police dispatch services agreement and
conduct a feasibility study to evaluate bringing x
dispatch services in-house.
19. Develop a space needs assessment to evaluate police and other city departments’ facility needs.
x
New Strategies Added August 2021
20. Facilitate the development of entitlements and
closing on the sale of the Gateway property to
generate revenue to fund the construction of Phases 3
and 4 of the Quarry Lakes Parkway.
x x x x
21. Continue providing support to City residents and
businessesrelated to COVID-19 recovery.
x x x x
22. Increase fines for illegal fireworks, develop and
x
implement a public communication campaign about
fireworks, consider banning the sale and deployment x x Complete of all fireworks if the threat to community safety is not significantly reduced during the 4
th of July season.
City Council/RSA Agenda 230 Tuesday, January 10, 2023
Union City Strategic Plan Midpoint Update September 2021 Goal D. Environmental Sustainability and Infrastructure Page 13 Goal D. Environmental Sustainability and
Infrastructure
Create a healthy, sustainable community and maintain and improve the City’s infrastructure.
The table below contains the strategies associated with Goal D and the implementation years.
Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
Goal D: Environmental Sustainability and Infrastructure Strategies
1. Continue the build-out of the City’s Bicycle and Pedestrian network with an emphasis on closing gaps, addressing
safety concerns, and increasing connectivity to the Station District.
x x x x
2. Implement the City’s capital improvement plan (see
separate document).
x x x x
3. Develop a citywide information technology strategic plan and establish an IT committee to prioritize investments, x x x implementation and staff training.
4. Evaluate development impact fees for new development infrastructure: Decoto Industrial Park Study Area (DIPSA), Transportation Impact Fee, Fire, Parks Facilities Fee,
Railroad Preemption Fees.
x
5. Review and update the tree protection program. x x x
6. Conduct a tree inventory to determine a yearly
maintenance plan for city-owned trees.
x x x x
7. Update the Climate Action Plan. x
8. Convert the UC Transit fleet to electric. x x x x
9. Create and implement a plan to maintain and upgrade
the City’s buildings.
x x x x
10. Develop a ten-year parks operation, maintenance and capital improvement plan.
x x x x
11. Coordinate with City departments, commercial and
residential customersto implement the requirements of x x x x state organics and food recovery legislation.
New Strategies Added August 2021
12. Prepare RFP for Franchise Agreementsfor solid waste and recycling collections with emphasis on selecting vendors x x with resourcesto implement organics legislation.
13. Enable a robust cyber security and information
technology disaster recovery service.
x
City Council/RSA Agenda 231 Tuesday, January 10, 2023
Goal E. Communication and Outreach Page 14
Union City Strategic Plan Midpoint Update September 2021 Goal E. Communication and Outreach
Build strong connections with community partners, residents, and employees.
The table below contains the strategies associated with Goal E and the implementation years.
Strategies
Implementation Years
Ongoing FY FY FY Completed
2021-22 2022-23 2023-24
Goal E: Communication and Outreach
Strategies
1. Conduct outreach and community education about the
City services, financial resources, areas of cost, and x x x x impacts of failed ballot measures on city services.
2. Improve the delivery of and employee and community
access to the annual State of the City Address. x x x x
3. Create and implement a plan for conveying progress
and outcomes from the City’s Strategic Plan to x x x x
employees and the community at large.
4. Enhance the role boards and commissions play in
communicating the City’s interests through training and x x x x routine engagement.
5. Build a customer relations plan for public works and code enforcement.
x
x
6. Launch the newly formed Sales Tax and Utility Users’ Tax Oversight Committee,support their efforts to
review tax revenues and expenditures, and make
reports to the City Council and community at-large.
x
x x
Complete
7. Enhance community and digital engagement to
improve ease of access to and the quality of
information, emphasizing information of particular
interest to businesses and residents.
x x x x
8. Develop an outreach strategy aligned with the City’s brand guidelines aimed at heightening the profile of the x x x x City within the community and region.
New Strategies Added August 2021
9. Develop and implement a diversity, equity and inclusion approach to citywide communications and outreach.
x x x x
10. Collaborate with the Arts and Culture Commission and Bay Area Rapid Transit (BART) to place murals on the x x x Kennedy Park BART pillars.
City Council/RSA Agenda 232 Tuesday, January 10, 2023
7a. Informational Progress Report On The City’s
Strategic Plan, FY 2019-20 Through FY 2024-25
January 10, 2023
City Council/RSA Agenda 233 Tuesday, January 10, 2023
2 STRATEGIC PLAN
Goal B.
Governance and Organization Effectiveness
Goal C.
Economic, Community Development and Public Safety
Goal D.
Environmental Sustainability and Infrastructure
Goal A.
Fiscal Stability and Sustainability
Goal E.
Communication and Outreach
City Council/RSA Agenda 234 Tuesday, January 10, 2023
3 STRATEGIC PLAN - NEW STRATEGIES
• One-half cent sales tax extension, or planned cuts
• Future revenue measures for LLAD or new City Hall/library • Business License Tax update
Goal A.
Fiscal Stability and Sustainability
City Council/RSA Agenda 235 Tuesday, January 10, 2023
4 STRATEGIC PLAN - NEW STRATEGIES
Goal B.
Governance and Organization Effectiveness
• No new strategies; reaffirmed commitment to:
• Recruitment
• Retention
• Succession Planning
City Council/RSA Agenda 236 Tuesday, January 10, 2023
5 STRATEGIC PLAN - NEW STRATEGIES
C
• Gateway property development and Quarry Lakes Parkway • COVID-19 support
• Increase fines for fireworks, public communication, consider ban if no improvement
Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 237 Tuesday, January 10, 2023
6 STRATEGIC PLAN - NEW STRATEGIES
• RFP for Franchise Agreements for solid waste and recycling • Cyber security and IT disaster recovery
Goal D.
Environmental Sustainability and Infrastructure
City Council/RSA Agenda 238 Tuesday, January 10, 2023
7 STRATEGIC PLAN - NEW STRATEGIES
• Diversity, equity and inclusion for citywide communications • Arts and Culture Commission/BART – murals on pillars
Goal E.
Communication and Outreach
City Council/RSA Agenda 239 Tuesday, January 10, 2023
8 Accomplishments
STRATEGIC PLAN
City Council/RSA Agenda 240 Tuesday, January 10, 2023
9 Goal A.
Fiscal Stability and Sustainability
City Council/RSA Agenda 241 Tuesday, January 10, 2023
10 Goal A.
Fiscal Stability and Sustainability
City Council/RSA Agenda 242 Tuesday, January 10, 2023
11 Goal B.
Governance and Organization Effectiveness
City Council/RSA Agenda 243 Tuesday, January 10, 2023
12 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 244 Tuesday, January 10, 2023
13 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 245 Tuesday, January 10, 2023
14 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 246 Tuesday, January 10, 2023
15 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 247 Tuesday, January 10, 2023
16 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 248 Tuesday, January 10, 2023
17 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 249 Tuesday, January 10, 2023
18 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 250 Tuesday, January 10, 2023
19 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 251 Tuesday, January 10, 2023
20 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 252 Tuesday, January 10, 2023
21 Goal C.
Economic, Community Development and Public Safety
City Council/RSA Agenda 253 Tuesday, January 10, 2023
22 Goal D. Environmental Sustainability and Infrastructure City Council/RSA Agenda 254 Tuesday, January 10, 2023
23 Goal D. Environmental Sustainability and Infrastructure City Council/RSA Agenda 255 Tuesday, January 10, 2023
24 Goal D. Environmental Sustainability and Infrastructure City Council/RSA Agenda 256 Tuesday, January 10, 2023
25 Goal E. Communication and Outreach
City Council/RSA Agenda 257 Tuesday, January 10, 2023
QUESTIONS
City Council/RSA Agenda 258 Tuesday, January 10, 2023