Union City City Council
March 14, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, March 14, 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 Join 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. Proclamation Declaring March As Women's History Month And March 8, 2023 As International Women's Day

3.b. Proclamation In Support of Ukraine Amidst Ongoing Tensions on the One Year Anniversary of Russia’s Invasion of Ukraine

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the City Council/RSA Agenda 1 Tuesday, March 14, 2023
Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of speakers and/or business to be conducted by the City Council.

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

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

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

5.b. Approve The Minutes Of The City Council Meeting Held On February 28, 2023

5.c. Adopt A Resolution Canceling The Regular City Council Meeting Of March 28, 2023

5.d. Adopt A Resolution Accepting The Supplement No. 2 To The Metropolitan Transportation Commission (MTC) Master Funding Agreement, In The Amount Of $60,000, To Fund Design
Review For The Union City Intermodal Rail Station Option Project, City Project No. 23-14, And Increasing Revenue Projections In The Capital Projects Fund By $60,000 And Appropriating $60,000 To The Capital Projects Fund

6. PUBLIC HEARINGS

6.a. Waive The Second Reading, Hold A Public Hearing And Adopt An Ordinance For Zoning Text Amendment, AT-23-001,
Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline
Review Processes For Outdoor Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental
Quality (CEQA) Act Guidelines Section 15061(B)(3), The
General Exemption For Projects With No Potential For A
Significant Effect On The Environment

7. CITY MANAGER REPORTS
City Council/RSA Agenda 2 Tuesday, March 14, 2023

7.a. Adopt A Resolution Amending Resolution No. 5703-21, the Previously Adopted Council Norms

7.b. Adopt A Resolution Awarding A Contract To MV Transportation, Inc., For The Operation And Maintenance Of Union City Transit (Fixed-Route, Paratransit, Microtransit, And Wheelchair Accessible Vehicle Services), With A Base Period Amount Not To Exceed $14,199,154, Funded With Transit (5110) And
Paratransit (5120) Funds, And Authorizing The City Manager To Execute The Contract In A Form Approved By The City
Attorney

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

How to watch the meeting remotely:

City Council/RSA Agenda 3 Tuesday, March 14, 2023

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.

3.Click Raise Hand in the webinar controls to lower it, if needed. This will not mute yourself if you are unmuted.

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:
http://citycouncil-live.unioncity.org/
Passcode: u8SH9cH^
Or Telephone:

Dial US: +1 408 638 0968 or +1 646 518 9805 or +1 213 338 8477 or +1 301 715 8592 Webinar ID: 817 1903 7355
Passcode: 47671055
ADA Accessibility: If you require a reasonable modification or accommodation for a disability, please email the
City Clerk at [email protected] a minimum of two (2) business days prior to the Council meeting.

City Council/RSA Agenda 4 Tuesday, March 14, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 5 Tuesday, March 14, 2023

CITY OF UNION CITY

PROCLAMATION

Proclamation in Recognition of March as Women’s History Month and March 8, 2023 as International Women’s Day
WHEREAS, in 1987, Congress declared March as Women’s History Month and March 8 became International Women’s Day over a decade ago when many countries recognized women’s right to vote; and WHEREAS, American women of every race, class, and ethnic background have made historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and WHEREAS, American women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in our Nation; and
WHEREAS, women have been leaders not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and WHEREAS, the 2023 Women’s History theme, “Celebrating Women Who Tell Our Stories,” is in recognition of women, past and present, who have been active in all forms of media and storytelling including print, radio, TV, stage, screen, blogs, podcasts, and more. The timely theme honors women in every community who have devoted their lives and talents to producing art, pursuing truth, and reflecting the human condition decade after decade; and
WHEREAS, From the earliest storytellers through pioneering journalists, our experiences have been captured by a wide variety of artists and teachers. These include authors, songwriters, scholars, playwrights, performers, and grandmothers throughout time; and WHEREAS, women, such as Toni Morrison, Maxine Hong Kingston, Jovita Idar, Maya Angelou, Gloria Steinem, Winona La Duke, Ida B. Wells, Gertrude Stein, Betty Soskin, Tina Fey, Mindy Kaling and Margaret Atwood, have long been instrumental in passing on our heritage in word and in print to communicate the lessons of those who came before us; and WHEREAS, the 2023 theme proudly honors those who, in both public and private life, tell women’s stories, and the larger human story, expand our understanding and strengthen our connections with each other.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City, does hereby proclaim, March 2023 as Women’s History Month and March 8, 2023 as International Women’s Day throughout the City of Union City and we urge all Union City residents to commit to respecting, supporting and uplifting all women in this community.

DATED this 28th day of February, 2023

CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor
JAIME PATIÑO, Councilmember
SCOTT SAKAKIHARA, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 6 Tuesday, March 14, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation In Support of UkraineAmidst Ongoing Tensions on the One YearAnniversary of Russia’s Invasion of Ukraine Resolution
City Council/RSA Agenda 7 Tuesday, March 14, 2023

CITY OF UNION CITY

PROCLAMATION

In Support of Ukraine Amidst Ongoing Tensions on the One Year Anniversary of Russia’s Invasion of Ukraine
WHEREAS, on February 24, 2022, Russia launched an unprovoked invasion on Ukraine, an escalation of the Russo-Ukrainian War which began in 2014; and
WHEREAS, on March 2, 2022, the House of Representatives passed resolution H. Res. 956 – Supporting the People of Ukraine, expressing unequivocal support for Ukraine's sovereignty and territorial integrity; and WHEREAS, on March 4, 2022, Governor Newsom issued Executive Order N-6-22, joining Executive Order 14065 issued by United States President Joseph R. Biden Jr., requiring state agencies and departments within the Governor’s Administration to review and terminate any contracts with entities that are subject to economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law; and
WHEREAS, the City of Union City stands united with the federal and state governments, along with local refugee organizations to support the sovereignty of Ukraine in the belief that it is the right of all countries to decide their own future, foreign policy, and security arrangements free from outside interference or coercion; and WHEREAS, the United States has partnered with allies in Europe, the Indo-Pacific, and others around the world to provide Ukraine with critical security, economic, financial, and humanitarian assistance leading unprecedented efforts in support of the people of Ukraine; and
WHEREAS, recognizing the one-year anniversary of Russia’s invasion, the United States continues to provide additional actions to Ukraine with the support it needs in holding Russia accountable and preserving the sovereignty of the Ukrainian people.

NOW, THEREFORE, the City Council of the City of Union City does hereby join with the Biden Administration in standing with Ukraine to further affirm its support for the democratic nation-state.

DATED this 14th day of March 2023.

CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor
JAIME PATIÑO, Councilmember
SCOTT SAKAKIHARA, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 8 Tuesday, March 14, 2023
Agenda Item
ATTACHMENTS:

Description Type
Draft Min Attachment
Min Exh A Exhibit
City Council/RSA Agenda 9 Tuesday, March 14, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, February 28, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Vice Mayor Singh called the meeting to order at 7:00 p.m.

1.a. Pledge of Allegiance – Vice Mayor Singh led the salute to the flag.

1.b. Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh

Absent: Mayor Dutra-Vernaci

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS - None

4. ORAL COMMUNICATIONS

4.a. Written Public Comment – Wallace (Attachment A)
Public comment given by Lisa Rodriguez (Attachment B), Michelle Parnala, Korrine Adams, Wendy Huang, and Jordan Epps.

5. CONSENT CALENDAR
It was moved by Councilmember Wang and seconded by Councilmember Patiño to adopt consent calendar items 5.a. through 5.f. The motion was carried by the following roll call vote:

AYES: Councilmember Patiño, Sakakihara, Wang, Vice Mayor Singh NOES: None
City Council/RSA Agenda 10 Tuesday, March 14, 2023
ABSENT: Mayor Dutra-Vernaci
ABSTAIN: None

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 February 14, 2023

5.c. Adopted Resolution No. 6089-23 Approving The Union City Transit Public Transportation Agency Safety Plan Update For 2022

5.d. Adopted Resolution No. 6090-23 Authorizing The Transfer Of $87,180 From The Kennedy Center Parking Lot Rehabilitation Project To The Alvarado/Cesar Chavez Parks Improvement Project, City Project No. 21-23

5.e. Adopted Resolution No. 6091-23 Approving An Amendment To The City’s Classification & Compensation Plan To Increase The Maximum Hourly Rate For The Project Specialist To $116 Per Hour In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.f. Adopted Resolution No. 6092-23 Approving The First Amendment To The Consulting Services Agreement With Cascadia Consulting Group, Inc. (C5881), For Technical Assistance Consulting Services, To Extend The Expiration Of The Agreement To December 31, 2024, And To Increase The Agreement Amount By $150,000, For A Total Not-To-Exceed Contract Amount Of $224,970, And Authorizing The City Manager To Execute The First Amendment In A Form Approved By The City Attorney

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. 1) Waive The First Reading And Introduce An Ordinance, For Zoning Text Amendment, AT-23-001, Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline Review Processes For Outdoor Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental Quality (CEQA) Act Guidelines Section 15061(B)(3), The General Exemption For Projects With No Potential For A Significant Effect On The Environment; And 2) Provide An Update On The Covid-19 Response Grant Program
Associate Planner Brandon DeLucas and Housing and Community Development Manager Francisco Gomez presented the staff report and responded to questions from Council. Councilmembers provided comment.

Public comment was provided by Wendy Huang.

City Council/RSA Agenda 11 Tuesday, March 14, 2023
It was moved by Councilmember Sakakihara and seconded by Councilmember Patiño to waive reading and introduce and Ordinance For Zoning Text Amendment, AT-23-001, Updating Chapters 18.08, Definitions, 18.36, Commercial Districts, And 18.39 Union Landing Commercial (CUL) District, To Add Definitions, Update Regulations, And Streamline Review Processes For Outdoor Dining Areas, And Find That The Zoning Text Amendments Are Exempt From Environmental Review In Accordance With The California Environmental Quality (CEQA) Act Guidelines Section 15061(B)(3), The General Exemption For Projects With No Potential For A Significant Effect On The Environment. The motion was carried by the following roll call vote:

AYES: Councilmember Patiño, Sakakihara, Wang, Vice Mayor Singh NOES: None
ABSENT: Mayor Dutra-Vernaci
ABSTAIN: None

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 on his attendance of the following; League of California Cities Speaker Cities, East Bay Community Energy Board of Directors meeting, and the League of California Cities Board of Directors meeting.

Councilmember Wang reported on his attendance of a meeting the Alameda County Waste Management Authority.

Vice Mayor Singh reported on his attendance of a meeting of the Human Relations Commission.

13. GOOD OF THE ORDER
Councilmember Patiño reported on his attendance of the Board of Directors meeting for the Hispanic Elected Local Officials and the Celebration of Life event for Supervisor Richard Valle.

Councilmember Patiño announced the passing of former Union City Mayor Dick Oliver, noting that service will be held on Saturday, March 4 at Our Lady of the Rosary. Councilmember Patiño requested a moment of silence be held at the end of the meeting and the meeting be adjourned in his honor.

Councilmember Sakakihara announced that he and his wife Melinda, welcomed their third child, Dean Kenji Sakakihara, on February 23.

Councilmember Wang stated he also attended Supervisor Valle’s Celebration of Life.

City Council/RSA Agenda 12 Tuesday, March 14, 2023
Vice Mayor Singh also attended Supervisor Valle’s Celebration of Life, and commented on how much he had done for and on behalf of the community.

14. CLOSED SESSION - None

15. ADJOURNMENT
Vice Mayor Singh called for a moment of silence and adjourned the meeting at 8:13 p.m. in honor of former Union City Mayor, Dick Oliver.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 13 Tuesday, March 14, 2023
City Council/RSA Agenda 14 Tuesday, March 14, 2023
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City Council/RSA Agenda 17 Tuesday, March 14, 2023
City Council/RSA Agenda 18 Tuesday, March 14, 2023
City Council/RSA Agenda 19 Tuesday, March 14, 2023
City Council/RSA Agenda 20 Tuesday, March 14, 2023
City Council/RSA Agenda 21 Tuesday, March 14, 2023
City Council/RSA Agenda 22 Tuesday, March 14, 2023
City Council/RSA Agenda 23 Tuesday, March 14, 2023
Agenda Item
DATE: 3/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION CANCELING THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF MARCH 28, 2023
Staff recommends that the City Council adopt the attached resolution to cancel the regularly scheduled City Council meeting of March 28, 2023.

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

BACKGROUND
The Brown Act allows a City Council to use any type of teleconferencing in connection with any meeting. (Gov’t Code § 54953(b).) “Teleconference” is defined as “a meeting of a individuals in different locations, connected by electronic means, through either audio or video, or both.” The meeting must comply with all provisions of the law otherwise applicable. One such provision, Section 54953(b)(3), states that, during the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Updates to the Brown Act under Assembly Bill 2449 also contain this same provision.

DISCUSSION
Staff has been notified that three members of the City Council will not be within the city's jurisdiction on the date of March 28, 2023. Therefore, due to a lack of quorum, the regular City Council meeting scheduled for March 28, 2023 must be canceled. The next regularly schedule City Council meeting will occur on April 11, 2023.

City Council/RSA Agenda 24 Tuesday, March 14, 2023

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

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution and cancel the regularly scheduled City Council meeting of March 28, 2023.

Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 25 Tuesday, March 14, 2023
RESOLUTION NO. XXXX-23

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

CANCELING THE REGULARLY SCHEDULED CITY COUNCIL MEETING
OF MARCH 28, 2023
WHEREAS, The Brown Act allows a City Council to use any type of teleconferencing in connection with any meeting, and
WHEREAS, Section 54953(b)(3) of the Brown Act, states that, during the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. Updates to the Brown Act under Assembly Bill 2449 also contain this same provision; and
WHEREAS, Mayor Dutra-Vernaci, Councilmember Patiño and Councilmember Wang will not be within the City’s jurisdiction on the date of March 28, 2023, resulting in a lack of quorum for the regularly scheduled City Council meeting of March 28, 2023.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City does hereby cancel the regularly scheduled City Council meeting of March 28, 2023. Council will reconvene at the next regularly scheduled City Council meeting on April 11, 2023.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________

CAROL-DUTRA VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 26 Tuesday, March 14, 2023
Agenda Item
DATE: 3/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING THE SUPPLEMENT NO. 2 TO THE

METROPOLITAN TRANSPORTATION COMMISSION (MTC) MASTER
FUNDING AGREEMENT, IN THE AMOUNT OF $60,000, TO FUND DESIGN

REVIEW FOR THE UNION CITY INTERMODAL RAIL STATION OPTIONS PROJECT, CITY PROJECT NO. 23-14, AND INCREASING REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $60,000 AND APPROPRIATING $60,000 TO THE CAPITAL PROJECTS FUND
Staff recommends that the City Council adopt the attached resolution accepting the Supplement No.2 to the Metropolitan Transportation Commission (MTC) Master Funding Agreement, in the amount of $60,000, to fund design review for the Union City Intermodal Rail Station Options Project, City Project No. 23-14.

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

Goal C, Strategy 3: Facilitate the build out of the greater Station District Area through the construction of Quarry Lakes Parkway, upgrades to the BART Station, completion of the pedestrian rail crossing and sale and development of City-owned land.

BACKGROUND
At the July 27, 2021 City Council Meeting, the Metropolitan Transportation Commission (MTC) briefed the Council on the intent of Phase 1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study (attached as Exhibit A). The presentation identified a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern Alameda County with potential rail stations in Newark, Fremont, and Union City. The result of the completed SoCo Rail Analysis, Phase 1 Report dated November 2021 recommended the Union City BART Station as the preferred rail station and “rail-to-rail” hub location for Mid-Term Horizon (approximately 10 years). This would allow additional ACE service into the Bay Area by providing an ACE-BART and ACE-Dumbarton Express connection and ensure the highest level of connectivity to key travel markets throughout the entire Bay Area. With the conclusion City Council/RSA Agenda 27 Tuesday, March 14, 2023
of the Phase 1 Study, MTC and ACE proceeded to Phase 2.

At the May 10, 2022, City Council meeting, the Metropolitan Transportation Commission (MTC) and Altamont Commuter Express (ACE) presented an update of the Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study (see Exhibit B). The presentation reviewed a proposed Layover Facility and Intercity Rail Station design concept on the Oakland Subdivision railroad track next to Union City BART Station. The SoCo Rail design team also discussed the needed coordination with City staff to address connectivity to the BART Station, East Plaza and the adjacent Station District area. At the same meeting, City staff presented the Union City Intermodal Station Update outlining the 20-year project history, the $160 million regional transportation investment and the status of key Station District area infrastructure projects including the BART Pedestrian AtGrade Crossing and the Quarry Lakes Parkway (see Exhibit C).

DISCUSSION
As part of Phase 2 of MTC’s Southern Alameda County Integrated Rail Analysis (SoCo Rail Study), HDR (the primary consultant selected to complete the Study) prepared several options for an Intercity Rail Station and Layover Facilities along the Oakland Subdivision railroad tracks located next to the Union City BART Station.

Some of the initial passenger rail station options significantly encroached into the existing parking lot on 11 th
Street, Duncan Way transit loop road, and the East Plaza. The extent of the potential improvements proposed required substantial widening of the existing Union Pacific (Oakland Subdivision) right-of-way. The City was concerned about the impacts that the initial ACE Rail Station proposal would have on the recently constructed Station District improvements that were designed with a long-range vision of a transit-oriented development neighborhood.

To assist the City in evaluating the proposed ACE Rail Station and Layover Facilities, staff engaged ROMA Collaborative in November 2022 (Consultant Services Agreement, C5931) and the City executed an agreement with ROMA, in the amount of $74,860. ROMA was the lead designer for the Station District and has a lengthy history and knowledge of the Union City Intermodal Station, the East Plaza and the BART Pedestrian At-Grade Crossing.

As a result of Union City’s proactive engagement with the ACE and MTC, MTC has awarded $60,000 to Union City for reimbursement of 80% of the ROMA Collaborative Agreement for design review of the Union City Intermodal Rail Station Options as part of the Southern Alameda County Integrated Rail Analysis. These MTC funds are non-federal grant funds from the California State Transportation Agency (CalSTA) for the Southern Alameda County Integrated Rail Analysis (Agreement Number CalSTA 18-002). Acceptance of the $60,000 in CalSTA funding from MTC will allow the City to continue to work with project partners. The station design will identify the concepts and approaches that will most closely complement and further the City’s long-range vision for the development of the Station District area, including the already established as wellas planned mixed use and multimodalcharacter of the area, the key linkages already organizing the circulation of the District, and the investments made in the existing urban infrastructure and public space.

MTC, ACE and Union City continue to refine the Intercity Rail Station and Layover Facilities design concepts and expect to update the City Councilat the upcoming May 9, 2023 meeting.

FISCAL IMPACT
Union City will receive $60,000 in non-federal grant funds identified in MTC Supplement No. 2 to the Master Funding Agreement. This grant is to be used to fund the Union City Intermodal Rail Station Options Project, City Project 23-14. To properly account for these grant funds, the City Council should approve an increase in the revenue projections in Account Number 4100-92314-44502 (Capital Projects Fund – Union City Intermodal Rail Station Options Project –
Misc. County/Local Grants) of $60,000 and approve an appropriation of $60,000 to Account Number 4100-3199- City Council/RSA Agenda 28 Tuesday, March 14, 2023
92314-54111 (Capital Projects Fund – PW – Union City Intermodal Rail Station Options Project – Contractual Services).

There will be no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting Supplement No. 2 of the Metropolitan Transportation Commission (MTC) Master Funding Agreement, in the amount of $60,000, to fund design review for the Union City Intermodal Rail Station Options Project, City Project No. 23-14, and approving an increase in the revenue projections in Account Number 4100-92314-44502 (Capital Projects Fund – Union City Intermodal Rail Station Options Project – Misc. County/Local Grants) of $60,000 and approving an appropriation of $60,000 to Account Number 4100-3199-92314-54111 (Capital Projects Fund – PW – Union City Intermodal Rail Station Options Project – Contractual Services).

Prepared by:

Trieu Tran, Engineer III
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - MTCPresentation 072721 Exhibit
Exhibit B- MTCPresentation 051022 Exhibit
Exhibit C- UCPresentation 051022 Exhibit
Exhibit D- Supplement No. 2 Exhibit
Public Comment - Wallace Attachment
City Council/RSA Agenda 29 Tuesday, March 14, 2023

RESOLUTION NO. ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING SUPPLEMENT NO. 2 TO THE METROPOLITAN TRANSPORTATION

COMMMISSION (MTC) MASTER FUNDING AGREEMENT, IN THE AMOUNT OF $60,000, TO FUND DESIGN REVIEW FOR THE UNION CITY INTERMODAL RAIL STATION OPTIONS PROJECT, CITY PROJECT NO. 23-14, AND INCREASING REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $60,000 AND APPROPRIATING $60,000 TO THE CAPITAL PROJECTS FUND
WHEREAS, the Metropolitan Transportation Commission (MTC) administers the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study program under a nonfederal grant from the California State Transportation Agency (CalSTA); and WHEREAS, Metropolitan Transportation Commission (MTC) presented Phase1 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the July 27, 2021 City Council Meeting, identifying the study area for a future intercity rail station connecting BART, ACE (Altamont Commuter Express), Capitol Corridor and potential Dumbarton Rail service in Southern Alameda County with potential rail stations in Newark, Fremont, and Union City, see EXHIBIT A; and
WHEREAS, the completed Southern Alameda County Integrated Rail Analysis, Phase 1 Report, dated November 4, 2021, recommended the Union City BART Station as the only “railto-rail” hub location for Mid-Term Horizon (approximately 10 years) in order to allow ACE service to serve the Bay Area, provide an ACE-BART and ACE-Dumbarton Express connection, and to ensure the highest level of connectivity to key travel markets throughout the entire Bay Area and to proceed to Phase 2; and
WHEREAS, Metropolitan Transportation Commission (MTC) and Altamont Commuter Express (ACE) presented an update of the Phase 2 of the Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study at the May 10, 2022 City Council Meeting on the proposed Layover Facility and Intercity Rail Station design concept on the Oakland Subdivision railroad track next to Union City Station and discussed that the SoCo Rail design team will be coordinating with city staff on the connectivity to BART, East Plaza and the adjacent Station District Area, see EXHIBIT B; and

WHEREAS, at the same meeting, city staff presented the Union City Intermodal Station Update outlining the 20-year project history, the $160 million regional transportation investment and status of key Station District area infrastructure projects including the BART Pedestrian AtGrade Crossing and the Quarry Lakes Parkway, see EXHIBIT C; and WHEREAS, on November 15, 2022, the City of Union City entered into a Consultant Services Agreement, C5931, with ROMA Collaborative, in the amount of $74,860, to provide the City with Design Review support of the proposed ACE Rail Station and Layover Facilities because of their project design history and knowledge of the Union City Intermodal Station, the East Plaza and the BART Pedestrian At-Grade Crossing; and
City Council/RSA Agenda 30 Tuesday, March 14, 2023
WHEREAS, on July 10, 2018, the City Council of Union City, under Resolution No. 5360- 18, authorized the City Manager to enter into a Master Funding Agreement with the MTC for funding Planning, Programming, Transportation, Transit, Land Use or Other Projects for Fiscal Year 2018-19 through Fiscal Year 2027-28; and
WHEREAS, MTC has awarded $60,000 of CalSTA funding to Union City for reimbursement of 80% of the ROMA Collaborative Agreement with Supplement No. 2 to the Master Funding Agreement for the design review for the Union City Intermodal Rail Station Options Project as part of the Southern Alameda County Integrated Rail Analysis; and WHEREAS, the MTC Supplement No. 2 to the Master Funding Agreement expands the scope of the original agreement to include the design review.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby accepts Supplement No. 2 of MTC’s Master Funding Agreement (EXHIBIT D). in the amount of $60,000, for the design review of the Union City Intermodal Rail Station Options Project, City Project No. 23-14; and
BE IT FURTHER RESOLVED that the City of Union City, by adopting this Resolution, does hereby state that:

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

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

3. The City of Union City and the Project will comply with the requirements as set forth in the Agreement; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the Applicant’s ability to implement and deliver the proposed Project; and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to CalSTA; 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 City Project No. 23- 14; and
BE IT FURTHER RESOLVED that the City Council of Union City hereby approves an increase in the revenue projections in Account Number 4100-92314-44502 (Capital Projects Fund – Union City Intermodal Rail Station Options Project – Misc. County/Local Grants) of $60,000 and approves an appropriation of $60,000 to Account Number 4100-3199-92314-54111 (Capital Projects Fund – PW – Union City Intermodal Rail Station Options Project – Contractual Services).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March 2023, by the following vote:

City Council/RSA Agenda 31 Tuesday, March 14, 2023
City Council/RSA Agenda 32 Tuesday, March 14, 2023
Photo Credit: Jim Maurer, 2018
Southern Alameda
County Integrated
Rail Study
(SoCo Rail)
Union City City Council
July 27, 2021
City Council/RSA Agenda 33 Tuesday, March 14, 2023 1
Study Context: Local, Regional and State Rail Planning
Regional &
State Rail
Plans
Operator/Agency
Vision & Long-Range
Service Plans
Project Studies, Plans
& Implementation
2022 Update
2 SoCo
Rail
Study
City Council/RSA Agenda 34 Tuesday, March 14, 2023
2018 State Rail Plan
• Provided 2040 Vision for
Passenger Rail
• Focused on: ✓ Integrated Statewide
Network
✓ Coordinated Schedules ✓ Customer Focus
• Included East Bay Rail
Hub in So. Alameda Co
3 3
City Council/RSA Agenda 35 Tuesday, March 14, 2023
Study Area
Considers context of NorCal
Megaregion
4 City Council/RSA Agenda 36 Tuesday, March 14, 2023
Study Area
Nexus of:

BART, ACE, Capitol Corridor, and
potential Dumbarton service in
Southern Alameda County • Opportunity for ACE/BART
connection that does not
currently exist
• Feasibility of Shinn Station
5 City Council/RSA Agenda 37 Tuesday, March 14, 2023
SoCo Rail Study Approach and Timeline
2019
Existing & Future
Conditions,
Initial Planning
2020-2021
Service Planning and
Hub Assessment
2021-22
Detailed Planning and
Initial Project
Development
6 Phase 1 Phase 2
City Council/RSA Agenda 38 Tuesday, March 14, 2023
Existing Markets
To/From Study Area
• Most trips are short (5-7 miles)
• Majority of trips are
completely within the study
area or are north to Central
Alameda County or south to
the South Bay
• Most travel to and from Study
Area is short- to mid-length
trips to South Bay and Central
County
City Council/RSA Agenda 39 Tuesday, March 14, 2023 7
Existing Markets
Through Study Area
• Major flows through Study Area:
⁻ South Bay – Central/
Northern Alameda County
⁻ South Bay –Tri Valley
⁻ Peninsula – North/Central
Alameda County
City Council/RSA Agenda 40 Tuesday, March 14, 2023 8
Future Markets
• Largely follows same patterns
• Most trips are < 5 miles
• South Bay and Central Alameda County account for most trips to, from, and through Study Area
• Eastern Markets have the largest % growth
• Limitations
⁻ Does not fully capture megaregional
travel flows
⁻ Not sensitive enough to changes in land use and transportation patterns City Council/RSA Agenda 41 Tuesday, March 14, 2023 9
• Phase 1 considered 7 potential
locations for a new East Bay rail hub
in the study area
• Objective: identify location(s) that
provide mid-term benefits and are
compatible with and/or help
progress toward long-term vision
concepts for rail operators and the
State Rail Plan
Hub Assessment
10 City Council/RSA Agenda 42 Tuesday, March 14, 2023
11 Shinn Station Evaluation
• No current connection exists where
BART and standard gauge (e.g. ACE)
rail services cross
• Developed and evaluated eight
potential station design options at
Shinn Junction
• Station not recommended in mid-term
due to incompatible land uses and
excessive impacts on BART
• Only makes sense with implementation of
a frequent Dumbarton Rail Service and
much more frequent ACE service
City Council/RSA Agenda 43 Tuesday, March 14, 2023
Service Planning Starts with Long-Term Vision
Long-Term
Service 20+ yrs
Mid-Term
Service 10+ yrs
Near-Term
Service ~5 yrs
• Service planning
goals/parameters
(from operators)
• Long-term (~20 yrs)
service concepts
• Mid-term (~10 yrs)
service goals and
scenarios
• Detailed hub/
terminal analysis
12 City Council/RSA Agenda 44 Tuesday, March 14, 2023
Long-Term Vision Concepts
• Consider range of long-term
concepts to understand
implications of different longterm projects for near-term planning, but defer further
decisions to other venues
• Dumbarton service and Link21
were assumed in the long-term
scenario
13 City Council/RSA Agenda 45 Tuesday, March 14, 2023
• Shared freight (UPRR) corridor on
Centerville and Coast Subdivision through
Alviso Wetlands limits passenger rail
frequency increases
• ACE sees potential to increase service to 6-10 roundtrips/day over Altamont for service to Southern Alameda County in
the mid-term
• Direct ACE service on Dumbarton
Corridor likely infeasible in mid-term due
to constraints at Redwood City and the
Peninsula rail corridor
Mid-Term Service Planning
Analysis Key Findings
14 City Council/RSA Agenda 46 Tuesday, March 14, 2023
Implications for Mid
-Term Rail Service
• Concept 1: Not possible • Capacity constraints • Concept 2: ACE-Cap Corridor connection at Ardenwood • Connects to existing Express Bus service • Dependent on South Bay Connect • Ridership potential tied to Dumbarton service • Concept 3: ACE-BART connection at Union
City• Least impact on system operations • Lowest infrastructure needs • Compatible with long-term service concepts –
all current Dumbarton options serve UC BART
• Ridership potential: north/south on BART and
potential future Dumbarton connection
• Connection to existing multi-modal station
(BART/bus) and TOD (existing and planned)
15 City Council/RSA Agenda 47 Tuesday, March 14, 2023
Next Steps ⁻ Wrapping up Phase 1 Summary Report by end of August ⁻ Phase 2: Detailed Planning, Initial Project Development ⁻ Definition of recommended East Bay Hub for Mid-Term Horizon, including associated infrastructure improvements and identification of feasibility challenges
⁻ High level understanding of potential East Bay Hub(s) for Long-Term Horizon, that includes Dumbarton Rail Service, Link21, and improvements along UPRR Coast Subdivision
between Newark and San Jose (incl. tracks in AlvisoWetlands) ⁻ Ongoing stakeholder outreach
⁻ Outcomes: ⁻ Reports documenting analysis, results and recommendations ⁻ Definition of hub project ready to move forward to next phases of project development
16 City Council/RSA Agenda 48 Tuesday, March 14, 2023
Union City ACE/BART Rail-to-Rail Hub Station
Project Overview and Update
May 10, 2022
City Council/RSA Agenda 49 Tuesday, March 14, 2023
Southern Alameda County Integrated Rail Analysis (SoCo Study) ▪ Phase 1 of SoCo Study Complete
▪ Analysis of Rail-to-Rail Hub Station Options in
Southern Alameda County
▪ Union City BART Selected as Rail-to-Rail Hub
▪ Phase 1 Report on MTC Website
▪ Phase 2 of SoCo Study Underway
▪ Analysis of Layover Facility Options
▪ Site Immediately Adjacent to Station Selected
▪ Detailed Planning Now Underway
▪ Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Union
City
City Council/RSA Agenda 50 Tuesday, March 14, 2023
ACE/BART Hub Location / Layover Facility Site
City Council/RSA Agenda 51 Tuesday, March 14, 2023
Mid-term Layover Facility Options
Potential Layover Facilities

1. Union City (BART)

2. Union City (US Pipe)

3. Fremont (Shinn Street)

4. Newark Site (Willow Street)
Site Feasibility Analysis Includes
• Project Complexity
• Land Use Compatibility
• Environmental Considerations
• Operational Feasibility
City Council/RSA Agenda 52 Tuesday, March 14, 2023
SoCo Rail Layover Facility Comparison Matrix
Site Complexity Land Use
Compatibility
Environmental
Constraints
Operational
Feasibility
Union City BART 1 3 1 1
Union City – US Pipe 3 2 2 2
Fremont – Shinn St. 2 2 3 3
Newark –Willow St. 5 4 4 5
The Union City BART Site is the most feasible location for the SoCo Rail Layover Facility in the mid-term and is the preferred option for further analysis in the study City Council/RSA Agenda 53 Tuesday, March 14, 2023
2030 Vision for ACE Network
City Council/RSA Agenda 54 Tuesday, March 14, 2023
Altamont Corridor
Extension to
East Bay Hub
(Union City BART)
Valley Link
(North Lathrop to
Dublin/Pleasanton
BART)
VL
VL
VL
VL
VL
VL
VL
Stockton
VL
VL
VL
VL
VL
VL
VL
City Council/RSA Agenda 55 Tuesday, March 14, 2023
Union City ACE/BART Rail Hub Station
City Council/RSA Agenda 56 Tuesday, March 14, 2023
Next Steps
▪ Phase 2 of SoCo Study Underway
▪ Operations planning
▪ Ridership Analysis
▪ Connectivity planning
▪ Equity Analysis
▪ Conceptual engineering
▪ Cost estimating
▪ Implementation/Funding planning
▪ Final Report/PSR
Targeted for completion at end of 2022
▪ Next Step in Project Development
▪ Environmental Clearance
Station site
City Council/RSA Agenda 57 Tuesday, March 14, 2023
Thank you!
Dan Leavitt
Manager of Regional Initiatives
San Joaquin Regional Rail Commission
[email protected]
City Council/RSA Agenda 58 Tuesday, March 14, 2023

UNION CITY INTERMODAL

STATION UPDATE

PRESENTATION
Marilou Ayupan, Public Works Director ITEM 3.d
May 10, 2022
City Council/RSA Agenda 59 Tuesday, March 14, 2023
2 INTERMODAL STATION UPDATE
PROJECT HISTORY-July 2021 City Council
2001-2005 MTC Resolution 3434 (TOD Policy and Investment) 2002 – BART Station Comprehensive Station Plan & Intermodal Station 2004 - Intermodal Station & Transit Facility Plan (Passenger Rail) 2006 - Union City Passenger Rail Project EIR (ACE, DB Rail, CCJPA) Mid 2000’s - 11th Street & BART Station, Phase 1A (Transit & Parking) Mid 2010’s - BART Station (Phase 1B/Phase 2) & East Plaza 2021 - Southern Alameda Integrated Rail Study (Station Options) 2022 – ACE-BART Rail-to-Rail Station (Union City BART Station) 2021 – BART Station, Phase 2A (East Entrance)
2022 - BART PED At-Grade Crossing (Complete East Entrance) 2026 - Quarry Lakes Parkway, Ph 1 & 2
2030 - Quarry Lakes Parkway, Ph 3 & 4 (Grade Separations) 2030 – PASSENGER RAIL (ACE) SERVICE
City Council/RSA Agenda 60 Tuesday, March 14, 2023
3 INTERMODAL STATION UPDATE
Over 20 Years Planning
$160 Million Investment
(Local, Regional, State &
Federal Grant Funds)
Project Partners
MTC, BART, AC Transit, UC
Transit, ACE, VTA, Capitol
Corridor, ACCMA-ACTIA-ACTC,
Fremont and Hayward
City Council/RSA Agenda 61 Tuesday, March 14, 2023
4 INTERMODAL STATION, BART PHASE 2A
COMPLETED IN 2022
City Council/RSA Agenda 62 Tuesday, March 14, 2023
5 INTERMODAL STATION UPDATEACE-BART RAIL TO RAIL CONNECTION 5 Minute Walk: ACE to BART & ACE to TRANSIT
City Council/RSA Agenda 63 Tuesday, March 14, 2023
6 INTERMODAL STATION UPDATE

BART PED AT-GRADE CROSSING
CONSTRUCTION IN 2022, OPEN IN 2022/2023
(Union Pacific Railroad approval process about 8+ years) City Council/RSA Agenda 64 Tuesday, March 14, 2023
7 QUARRY LAKES PARKWAY, PHASES 3-4 & ACE STATION
City Council/RSA Agenda 65 Tuesday, March 14, 2023
8 ACE STATION & QUARRY LAKES PARKWAY

COORDINATON

COORDINATE, COLLABORATE & COST

SAVINGS
▪ ACE & Union City- Expedite Union Pacific
(UP) Railroad Permits
▪ Work within Oakland Sub/UP Right of Way
▪ Requires Temporary Railroad Track Shoofly
(Detour)
▪ Potential Reuse of Shoofly Rail for future
ACE Station and Layover Facility
▪ Potential Installation of Com. Conduit (PTC)
▪ Use Excess QLP Dirt for UP R/W Grading
City Council/RSA Agenda 66 Tuesday, March 14, 2023
9 INTERMODAL STATION UPDATE
Continue Planning and Investment...

MOVING FORWARD- NEXT STEPS
✓ Continue ACE Coordination (Fremont, Newark, BART, AC
Transit and UC Transit) on Union City-ACE Station
(Environmental) & QLP, Phases 3 & 4 (Design)
✓ Complete BART Entrance with Ped At-Grade Crossing
✓ Prepare RFP for Quarry Lakes Parkway, Phase 3 & 4
(Grade Separations) for Design Consultant
✓ Evaluate integrating QLP, Grade Separations with ACE
Station Track Improvements (potential cost savings)
QUESTIONS….

City Council/RSA Agenda 67 Tuesday, March 14, 2023
SUPPLEMENT NO. 2 TO MASTER FUNDING AGREEMENT
Between the METROPOLITAN TRANSPORTATION COMMISSION
And THE CITY OF UNION CITY
For DESIGN REVIEW FOR UNION CITY INTERMODAL RAIL STATION OPTIONS This Supplement No. 2 to the Master Funding Agreement (“Supplement” or “Agreement”) is entered into this November 1, 2022, by and between the Metropolitan Transportation Commission (“MTC”) and THE CITY OF UNION CITY (“AGENCY”) and supplements the Master Funding Agreement, dated July 1, 2017 by and between MTC and AGENCY.

Pursuant to this Supplement, MTC agrees to reimburse an amount not to exceed sixty thousand dollars ($60,000) in non-federal funding from a grant from the California State Transportation Agency for the Southern Alameda County Integrated Rail Analysis (Agreement Number CalSTA 18-002) to AGENCY to fund Design Review for the Union City Intermodal Rail Station Options as part of the Southern Alameda County Integrated Rail Analysis (as more fully described in Annex I hereto, the “Supplement Project”). The estimated budget and payment milestones for the Supplement Project scope of work is attached as Annex II hereto.

The Supplement Project work will commence on November 1, 2022 and be completed no later than May 31, 2023.

The clauses selected below and attached as exhibits to the Master Funding Agreement shall apply to AGENCY’s performance of the applicable Supplement Project scope of work hereunder:
☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph A ☒ Exhibit B-1, Additional Terms and Conditions (General), Paragraph B ☐ Exhibit B-2, Additional Terms and Conditions (Federally Required Clauses) ☒ Exhibit B-3, Additional Terms and Conditions (State Required Clauses) ☐ Exhibit B-4, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Non-Federally-Funded Agreements)
☐ Exhibit B-5, Additional Terms and Conditions (Prevailing Wage Rates, Apprenticeships, and Payroll Records, Federally-Funded Agreements)
☐ Exhibit B-6, Additional Terms and Conditions (Regional Toll Funds including RM1, RM2, and AB1171)
☐ Exhibit B-7, Additional Terms and Conditions (Regional Discretionary Federal Funds including STP and CMAQ)
Funding for this project is provided from the California State Transportation Agency grant to MTC for the Southern Alameda County Integrated Rail Analysis (“Analysis”). AGENCY will use a portion of these funds ($60,000) to assist MTC and its consultant in reviewing the preliminary designs for an intermodal rail station at the existing Union City BART station.

The MTC Project Manager for the Supplement Project is Kara Vuicich, Principal Planner, (415) 820-7928, [email protected]. The AGENCY Project Manager for the Supplement Project is Marilou Ayupan, Public Works Director, (510) 675-5306, [email protected].

City Council/RSA Agenda 68 Tuesday, March 14, 2023
MTC/ The City of Union City
Master Funding Agreement
Supplement No. 2 – Design Review for Intermodal Rail Station

This Supplement is supplemental to the Master Funding Agreement; all terms and conditions of the Master Funding Agreement, as may be amended, remain unchanged hereby.

Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Master Funding Agreement.

METROPOLITAN TRANSPORTATION

COMMISSION

THE CITY OF UNION CITY
Andrew B. Fremier, Executive Director Joan Malloy, City Manager City Council/RSA Agenda 69 Tuesday, March 14, 2023
MTC/ The City of Union City
Master Funding Agreement
Supplement No. 2 – Design Review for Intermodal Rail Station

Annex I
Project Description and Scope of Work
As part of MTC’s Southern Alameda County Integrated Rail Analysis (SoCo Rail) Study, HDR the primary consultant selected to complete the Study, has prepared several options for an Intercity Rail Station and Layover Facilities along the Oakland Subdivision next to the Union City BART Station. The rail station concepts propose 975-foot-long station platforms for serving mid-term ACE (Altamont Commuter Rail) trains and two (2) layover berths/facilities by 2030 on the Oakland Subdivision in the immediate vicinity of planned Union City Station BART east access and the East Plaza along 11th Street.

Additionally, the SoCo Rail Study concept plan proposes a potential addition of a new main railroad track on the Oakland Sub as well as the potential addition of another intercity station platform and track for a future rail service provider. The extent of the potential improvements under consideration requires significant widening of the existing Union Pacific (Oakland Subdivision) right of way with potential impacts to the recently constructed BART Parking Lot, East Plaza, Transit Loop, Station District Area development sites (future office) and WCA (Waste Containment Area) along 11th Street.

The City of Union City will select a consultant to work with city staff to review and provide comments on the study options prepared by HDR, to help with clarifying impacts that the proposed options have on the existing and planned improvements in the Union City Station District, and to formulate its comments to the study report prepared by HDR.

The purpose of this work will identify the concepts and approaches that will most closely complement and further the City’s long-range vision for the development of the Station District area, including the already established as well as planned mixed use and multimodal character of the area, the key linkages already organizing the circulation of the District, and the investments made in the existing urban infrastructure and public space. The work will be undertaken in coordination with HDR and in close collaboration with the City staff.

Project Consultant to the City of Union City to perform the following services:

Task 1. Review the alternatives for Inter-City Rail Station and Layover Facilities in Union City prepared by HDR
Task 2: Meet with HDR to review technical questions, opportunities, and constraints.

Task 3: Provide overview to the City staff of HDR work and its potential impacts on the existing Station District improvements and the long-range City vision. Continue periodic meetings with the City staff.

Task 4: Develop conceptual plans and sections in AutoCAD, illustrating HDR options’ impact on the existing and planned improvements and possible ways to integrate them with minimized impact. Work will be undertaken in an iterative manner and in close collaboration with City staff. At the end of the process, pdfs of plans and sections will be provided to HDR for their reference in preparation of the Draft Report.

City Council/RSA Agenda 70 Tuesday, March 14, 2023
MTC/ The City of Union City
Master Funding Agreement
Supplement No. 2 – Design Review for Intermodal Rail Station

Task 5: Review and provide input into HDR’s Draft Report Task 6: Review input that HDR Draft Report receives from the Stakeholders Task 7: Update the concept plans and sections in response to Stakeholder input. Provide to HDR for reference in preparation of Final Report.

TENTATIVE PROJECT SCHEDULE
Notice to Proceed November 1, 2022
End Date May 31, 2023
City Council/RSA Agenda 71 Tuesday, March 14, 2023
MTC/ The City of Union City
Master Funding Agreement
Supplement No. 2 – Design Review for Intermodal Rail Station

Annex II
Project Schedule, Budget and Payment

FIRM-FIXED PAYMENT
Payment to AGENCY shall be due in the firm fixed amounts indicated below, upon acceptance by the MTC Project Manager of the following deliverables or milestones, described in detail in Attachment A:
# Deliverable Due Date: Amount Due
1 Design Review of Intermodal Station, Phase
3 (Intercity Rail Station) – Finalize Rail
Station Concept
3/31/23 $60,000
TOTAL $60,000.00
RECIPIENT shall submit an invoice identifying the project deliverable or milestone for which payment is sought no later than thirty (30) days after MTC's acceptance of such deliverable/milestone.

COST REIMBURSEMENT
MTC will reimburse AGENCY for all expenses deemed reasonable and necessary by MTC incurred by RECIPIENT in the performance of this Agreement. Such reimbursement shall include travel and personal expenses incurred by employees or agents of AGENCY in accordance with 48 Code of Federal Regulations Part 31 or 2 CFR Part 200, as applicable.

The estimated budget by Task and Deliverable is described below. # Deliverable Due Date: Estimated Budget
1 Design Review of Intermodal Station, Phase
3 (Intercity Rail Station) – Finalize Rail
Station Concept
3/31/2023 $60,000
TOTAL NOT TO EXCEED $60,000.00
AGENCY shall submit invoices for services rendered on a monthly basis covering fees and expenses for a single calendar month, identifying the work for which payment is requested; the hours worked; any authorized expenses, together with receipts for such expenses; the amount requested; and the cumulative amount billed and paid under this Agreement.

City Council/RSA Agenda 72 Tuesday, March 14, 2023
3/14/23, 10:42 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/1 March 14 written comment for city council on 5 d

KENDAHYL WALLACE
Fri 3/10/2023 11:42 PM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Hello
Good Evening
I  am big supporter of this project and I  want see public transit as the key to future of our city and region. I commuter to my job everyday  and I get stuck in traffic.We need  get this project moving forward along with station district .The city lacks affordable high density housing, office space along with retail in Decoto neighborhood.I am hopeful in future this project will come to past and we get developers in here that will build and invest in our community. The station district  also need be added back on homepage of city website.

Kendahyl
Sent from my iPhone
City Council/RSA Agenda 73 Tuesday, March 14, 2023
Agenda Item
DATE: 3/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: WAIVE THE SECOND READING, HOLD A PUBLIC HEARING AND ADOPT AN ORDINANCE FOR ZONING TEXT AMENDMENT, AT-23-001, UPDATING CHAPTERS 18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39 UNION LANDING COMMERCIAL (CUL)

DISTRICT, TO ADD DEFINITIONS, UPDATE REGULATIONS, AND

STREAMLINE REVIEW PROCESSES FOR OUTDOOR DINING AREAS,

AND FIND THAT THE ZONING TEXT AMENDMENTS ARE EXEMPT

FROM ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY (CEQA) ACT GUIDELINES
SECTION 15061(B)(3), THE GENERAL EXEMPTION FOR PROJECTS

WITH NO POTENTIAL FOR A SIGNIFICANT EFFECT ON THE

ENVIRONMENT
Staff recommends that the City Council, waive the second reading, hold a public hearing and adopt an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-001.

The proposed zoning text amendments associated with AT-23-001 (included in Exhibit A (Clean) and B (redlined) of Attachment 1) will update standards and streamline review processes for outdoor dining facilities.

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

The City Council introduced the Ordinance at its February 28, 2023 meeting on a 4-0 vote. The Planning Commission recommended approval of Zoning Text Amendment AT-23-001 with modified language to the City Council at its February 16, 2023, meeting on a 4-0 vote. Attached to this staff report are the Planning Commission Staff Report (Attachment 2), Planning Commission Desk Item (Attachment 3), Planning Commission Meeting Minutes (Attachment 4), and Planning Commission Resolution (Attachment 5).

STRATEGIC PLAN ALIGNMENT
City Council/RSA Agenda 74 Tuesday, March 14, 2023
Goal C, Strategy 5: Improve and streamline the development process. (Council Priority) Goal C, Strategy 21: Continue providing support to City residents and businesses related to COVID-19 recovery

BACKGROUND
In response to the COVID-19 pandemic, several actions were taken by the City Council to support the community including adoption of an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to waive certain Zoning Code requirements, which allowed for establishment of a Temporary Outdoor Dining Program.

On January 24, 2023, the City Council approved terminating the City’s local emergency declaration on February 28, 2023, consistent with the Governor’s stated intent to terminate the California state of emergency on the same day. As such, the urgency ordinance and related Temporary Outdoor Dining Program have expired. In response, staff is proposing amendments to the Zoning Ordinance to add provisions to expand opportunities for permanent outdoor dining and streamline planning approvals to facilitate the conversion of existing temporary outdoor dining facilities to permanent.

The Zoning Code contains regulations regarding permanent outdoor dining facilities. Depending on the circumstances, outdoor dining activities may require discretionary review or may be prohibited altogether.

Complying with these procedures was seen as a significant burden to businesses facing economic impacts from COVID-19, which prompted the adoption of the urgency ordinance to facilitate the installation of temporary outdoor dining facilities to support the City’s local businesses.

Once the urgency ordinance was adopted, Planning Division staff developed a program to allow temporary outdoor operations. This program went live on September 01, 2020. Within the first two months, the program approved 11 restaurants to install temporary outdoor dining facilities. The program was placed on hold in December 2020, when Alameda County issued a secondary lockdown and paused all non-essential operations, which included outdoor dining.

During this time, staff reviewed the program and made revisions to the requirements in order to address issues which had arisen. Additionally, the County and State issued additional guidelines for outdoor operations. When the secondary lockdown was lifted at the end of January 2021, the program was reinstated. Once the application process was reopened, the program saw an additional 19 temporary outdoor dining facilities receive approval.

DISCUSSION
To facilitate the installation of permanent outdoor dining facilities, staff is proposing zoning amendments to streamline review processes and update standards for outdoor dining facilities. The proposed amendments eliminate discretionary review for the majority of outdoor dining facilities. In these instances, only a Site Plan Review is required to ensure that the improvements are consistent with applicable requirements such as compliance with American with Disabilities Act (ADA) regulations. The amendments also expand where outdoor dining facilities can be established including existing parking lots and landscaped areas, which was something that was previously not permitted. See attached Exhibit A (clean) and Exhibit B (redlined version) for the amendment wording. For a more detailed overview of the amendments, see attached Planning Commission staff report (Attachment 2).

The City Council introduced the Ordinance at its February 28, 2023, meeting on a 4-0 vote. The Planning Commission reviewed the proposed amendments at a public hearing on February 16, 2023. For a detailed overview of the Planning Commission discussion, see attached Meeting Minutes labeled Attachment 4. The Commission also considered a Desk Item (Attachment 3) concerning minor updates recommended by Deputy City Attorney Alex Mog and question and comments from Commissioner Lew regarding the proposed amendments. The Commission voted 4-0 to recommend approval of the proposed amendments with some City Council/RSA Agenda 75 Tuesday, March 14, 2023
minor updates to the amendment wording to the City Council. To date, staff has not received any feedback on the proposed amendments.

As discussed above, due to the termination of the City’s localemergency declaration, the Temporary Outdoor Dining Program has expired. Staff is providing a grace period to businesses to convert their outdoor dining facilities from temporary to permanent or to remove them. Businesses who wish to convert their existing temporary outdoor dining facilities must apply to the Planning Division for approval by April 13, 2023, and be under construction by June 30, 2023. Businesses who do not apply by the April 13, 2023, deadline are required to remove any temporary outdoor dining facilities at that time.

To further incentivize the development of permanent outdoor dining and ensure outdoor dining facilities are constructed consistent with applicable requirements, staff is proposing to utilize a portion of the COVID 19 Response Grant funding to reimburse construction costs for businesses that construct permanent outdoor dining facilities through the Road to Recovery Small Business Assistance Program. The City began accepting grant applications on March 6, 2023. Correspondence regarding the grant opportunity along with updates regarding the expiration of the Temporary Outdoor Dining Program were sent to all restaurants who received approval under the program.

FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments.

RECOMMENDATION
Staff recommends that the City Council, waive the second reading, hold a public hearing and adopt an Ordinance (Attachment 1) approving Zoning Text Amendment AT-23-001.

Prepared by:

Brandon H DeLucas, Associate Planner
Submitted by:

Brandon H DeLucas, Associate Planner
ATTACHMENTS:

Description Type
Attachment 1: Draft City Council Ordinance Resolution
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
Attachment 2: Planning Commission Staff Report dated 02/16/2023 Attachment Attachment 3: Desk Itemdated 02/16/2023 Attachment
Attachment 4: Planning Commission Minutes dated 02/16/2023 Attachment Attachment 5: Planning Commission Resolution 01-23 Attachment Power Point Attachment
City Council/RSA Agenda 76 Tuesday, March 14, 2023
Attachment 1
ORDINANCE NO. XXXX-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING MUNICIPAL CODE AMENDMENT, AT-23-001, TO UPDATE CHAPTERS 18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39

UNION LANDING COMMERCIAL (CUL) DISTRICT, TO ADD DEFINITIONS,

UPDATE REGULATIONS, AND STREAMLINE REVIEW PROCESSES FOR

OUTDOOR DINING AREAS
WHEREAS, on June 9, 2020, in response to the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Ordinance requirements; and
WHEREAS, upon adoption of the urgency ordinance, the Zoning Administrator directed Planning Division staff to develop a program to allow temporary outdoor dining operations in compliance with all applicable County and State guidelines; and WHEREAS, while the outdoor dining program was meant as a temporary solution to address the challenges facing businesses as a result of the COVID-19 pandemic, there is a need to facilitate the development of permanent outdoor dining areas; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 provisions to add definitions, update regulations, and streamline review processes for outdoor dining areas; and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-23-001 on February 16, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item dated February 16, 2023 and all written and oral testimony, and adopted Resolution No. 01- 23 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and

CITY COUNCIL REVIEW
City Council/RSA Agenda 77 Tuesday, March 14, 2023
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on March 14, 2023, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated February 28, 2023 and March 14, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to the Municipal Code propose to amend Chapters 18.08 Definitions, 18.36 Commercial Districts, and 18.39 Union Landing Commercial (CUL) District, as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.

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

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

SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.

1. The proposed Municipal Code Amendments are consistent with the General Plan,

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

SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapters 18.08 Definitions, 18.36 Commercial Districts, and

18.39 Union Landing Commercial (CUL) District, as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.

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

City Council/RSA Agenda 78 Tuesday, March 14, 2023
SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

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

ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 79 Tuesday, March 14, 2023
ATTACHMENT 1

EXHIBIT A
Chapter 18.08 Definitions

18.08.261 Food service.

A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.

18.08.481 Outdoor dining patio.

An “outdoor dining patio” is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).

18.08.495 Private sidewalk café.

A “private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

18.08.534 Sidewalk café.

A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.

18.08.535 Site.

A “site” means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.

18.08.536 Site-built home.

A “site-built home” is a single-family dwelling constructed outdoors entirely at the building site.

18.08.537 Site plan review.

A “site plan review” is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.

Chapter 18.36 Commercial Districts

18.36.020 Permitted Uses
A. A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol “X” is marked in the column beneath the C district:

City Council/RSA Agenda 80 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Apparel and accessory stores X X X
Automobile sales (new vehicles only) X
Bakeries with retail sales X X
Banks/savings and loans (excluding check cashing businesses) X X X Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops) X X X X Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code
X X X
Food, fast food/quick service restaurant, in-line only X X Food, full service/sit down restaurant X X X X
Food, retail and carry out food store X X
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X X X Food stores, excluding convenience markets X X
Furniture and home furnishings X
General merchandise/retail stores X X
Health services (medical, dental, physical therapy and pharmacies) X X X X Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A) X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances) X X
Miscellaneous limited retail typically found in office buildings or hotels X X Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.) X X X X Pet grooming (no overnight boarding of animals) X X
Public buildings and grounds X X
Residential uses, within the Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X City Council/RSA Agenda 81 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots
X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X

18.36.030 Conditional Uses
The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

CONDITIONAL USES CPA CN CC CVR
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
Live music (amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City X X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

City Council/RSA Agenda 82 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least 3 X X
City Council/RSA Agenda 83 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site

2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog check X

3. The rental of trailers as an incidental part of the service station operation X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X

18.36.190 Outdoor dining standards.

A. The following standards are applicable to all outdoor dining areas:

1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time.

City Council/RSA Agenda 84 Tuesday, March 14, 2023
g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang. k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.

2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.

B. Private sidewalk cafés are subject to the following standards:

1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.

City Council/RSA Agenda 85 Tuesday, March 14, 2023
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in

18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.

C. Outdoor dining patios are subject to the following standards:

1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted.

City Council/RSA Agenda 86 Tuesday, March 14, 2023
i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.

2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section

18.36.190(B)(2).

D. Sidewalk Cafés are subject to the following standards:

1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.

City Council/RSA Agenda 87 Tuesday, March 14, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.

18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District

18.39.040 Permitted Uses.

To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

Table 18.39.040
Permitted Uses By Development Type
City Council/RSA Agenda 88 Tuesday, March 14, 2023
Development Type*
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.

X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.

X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:

Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:

Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.

X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.

X X X
Home furnishings and housewares X X X
Jewelry stores X X X X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)
X X X
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
City Council/RSA Agenda 89 Tuesday, March 14, 2023
Development Type*
Permitted Uses SRC SRSC CC OC
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets** X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.

X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X
* Key to development type abbreviations:

SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales.

City Council/RSA Agenda 90 Tuesday, March 14, 2023
*** A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.

18.39.050 Conditionally permitted uses.

To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section

18.36.190 X X X

18.39.055 Outdoor dining.

Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.

City Council/RSA Agenda 91 Tuesday, March 14, 2023
ATTACHMENT 1

EXHIBIT B
Chapter 18.08 Definitions

18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.

18.08.481 Outdoor dining patio.

An “outdoor dining patio” is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).

18.08.495 Private sidewalk café
A “private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.

18.08.535 Site
A “site” means a lot, or group of contiguous lots or parcels that is proposed for development under this title, and is in a single ownership.

18.08.536 Site-built home
A “site-built home” is a single-family dwelling constructed outdoors entirely at the building site.

18.08.537 Site plan review
A “site plan review” is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.

Chapter 18.36 Commercial Districts

18.36.020 Permitted Uses
A. A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol “X” is marked in the column beneath the C district:

City Council/RSA Agenda 92 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Apparel and accessory stores X X X
Automobile sales (new vehicles only) X
Bakeries with retail sales X X
Banks/savings and loans (excluding check cashing businesses) X X X Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops) X X X X Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code
X X X
Food, fast food/quick service restaurant, in-line only X X Food, full service/sit down restaurant X X X X
Food, retail and carry out food store X X
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X X X Food stores, excluding convenience markets X X
Furniture and home furnishings X
General merchandise/retail stores X X
Health services (medical, dental, physical therapy and pharmacies) X X X X Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A) X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances) X X
Miscellaneous limited retail typically found in office buildings or hotels X X Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.) X X X X Pet grooming (no overnight boarding of animals) X X
Public buildings and grounds X X
Residential uses, within the Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X City Council/RSA Agenda 93 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots
X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X

18.36.030 Conditional Uses
The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

CONDITIONAL USES CPA CN CC CVR
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
Live music (amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City X X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

City Council/RSA Agenda 94 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least 3 X X
City Council/RSA Agenda 95 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site

2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog check X

3. The rental of trailers as an incidental part of the service station operation X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X

18.36.190 Outdoor dining standards.

A. The following standards are applicable to all outdoor dining areas:

1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time.

City Council/RSA Agenda 96 Tuesday, March 14, 2023
g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang. k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.

2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.

B. Private sidewalk cafés are subject to the following standards:

1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.

City Council/RSA Agenda 97 Tuesday, March 14, 2023
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in

18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.

C. Outdoor dining patios are subject to the following standards:

1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted.

City Council/RSA Agenda 98 Tuesday, March 14, 2023
i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.

2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section

18.36.190(B)(2).

D. Sidewalk Cafés are subject to the following standards:

1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.

City Council/RSA Agenda 99 Tuesday, March 14, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.

18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District

18.39.040 Permitted Uses.

To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

Table 18.39.040
Permitted Uses By Development Type
City Council/RSA Agenda 100 Tuesday, March 14, 2023
Development Type*
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.

X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.

X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:

Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:

Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.

X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.

X X X
Home furnishings and housewares X X X
Jewelry stores X X X X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)
X X X
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
City Council/RSA Agenda 101 Tuesday, March 14, 2023
Development Type*
Permitted Uses SRC SRSC CC OC
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets** X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.

X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X
* Key to development type abbreviations:

SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales.

City Council/RSA Agenda 102 Tuesday, March 14, 2023
*** A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.

18.39.050 Conditionally permitted uses.

To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section

18.36.190 X X X

18.39.055 Outdoor dining.

Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.

City Council/RSA Agenda 103 Tuesday, March 14, 2023

Agenda Item
DATE: FEBRUARY 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08,
DEFINITIONS, 18.36, COMMERCIAL DISTRICTS, AND 18.39

UNION LANDING COMMERCIAL (CUL) DISTRICT, TO ADD

DEFINITIONS, UPDATE AND ADD REGULATIONS, AND

ADD/STREAMLINE REVIEW PROCESSES FOR OUTDOOR
DINING AREAS (AT-23-001)
APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts and 18.39 Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to add definitions, update and add regulations, and add/streamline review processes for outdoor dining areas.

LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

The amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment.

As a series of text amendments, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

SUMMARY:

City Council/RSA Agenda 104 Tuesday, March 14, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 2
The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts, and 18.39, Union Landing (CUL) Commercial of Title 18, Zoning, of the Union City Municipal Code, to address regulations for outdoor dining areas. The amendments propose updating/adding standards related to outdoor dining areas and adding/streamlining review processes for outdoor dining areas. See Exhibit A (clean version) and B (red-lined version) for the proposed amendment wording.

I. BACKGROUND
In response to the impacts that the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Code requirements.

The Zoning Code contains regulations regarding outdoor dining. Depending on the circumstances, outdoor dining activities may require a conditional use permit or administrative use permit or may be prohibited altogether. The issuance of a use permit or administrative use permit often requires compliance with certain procedures, which can be time consuming and delay the issuance of a permit. Complying with these procedures were seen as a significant burden to businesses facing significant economic impacts from COVID-19, which prompted the adoption of the urgency ordinance. To further support economic activity, the City did not charge application fees for temporary use permits and encroachment permits issued pursuant to the urgency ordinance.

Once the urgency ordinance was adopted, the Zoning Administrator tasked Planning Division staff to develop a program to allow temporary outdoor operations. This program went live on September 01, 2020. Within the first two months the program saw 11 restaurants apply and be approved for temporary outdoor dining facilities. The program was placed on hold in December 2020 when Alameda County issued a secondary lockdown and paused all non-essential operations, which included outdoor dining.

During this time, staff reviewed the program and made revisions to the requirements in order to address issues which had arisen. Additionally, the County and State issued further guidelines for outdoor operations once they were allowed to resume. When the secondary lockdown was lifted at the end of January 2021, the program was reinstated, all restaurants needed to reapply to ensure compliance with these updated requirements and guidelines. Once the application process was reopened, the program saw an City Council/RSA Agenda 105 Tuesday, March 14, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 3
additional 19 restaurants/property owners be approved for temporary outdoor dining facilities.

While the temporary outdoor operations program was meant to be a temporary solution to the COVID-19 restrictions , there has been a push to help facilitate permanent outdoor dining facilities.

To further incentivize the development of permanent outdoor dining and aid businesses with the recovery from the pandemic, staff is proposing to utilize Community Development Block Grant (CDBG) Entitlement and Coronavirus Aid, Relief, and Economic Security (CARES) Act Funding to provide construction cost reimbursements to businesses that receive outdoor dining permits under these new requirements.

II. DISCUSSION
The proposed updates to Chapters 18.08, 18.36 and 18.39 add/streamline review processes and add/update standards for outdoor dining facilities. A high-level summary of these updates are included below. For a more detailed review, see attached Exhibit A (clean) and Exhibit B (redlined version).

A. Chapter 18.08 Definitions
The proposed text amendments revise Chapter 18.08 to add definitions related to outdoor dining facilities. These definitions are needed to clarify types of outdoor dining establishments and define site plan review.

The three types of outdoor dining spaces are:

Outdoor dining patio - an outdoor dining area located on private property that is associated with an adjacent food service use.

Sidewalk café - an outdoor dining area located within the sidewalk area of a public rightof-way that is associated with an adjacent food service use.

Private sidewalk café - an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

B. Chapter 18.36 Commercial Districts
The proposed text amendments would revise the following sections:

Section 18.36.020 Permitted Uses
To allow for sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 within all commercial zoning districts.

City Council/RSA Agenda 106 Tuesday, March 14, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 4
Section 18.36.030 Conditional Uses
To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section 18.36.190 within all commercial zoning districts subject to the issuance of an Administrative Use Permit.

Section 18.36.180 Sidewalk Café Standards.

To renumber this section to 18.36.190 ensuring cross references in other chapters are correct, retitle the section to “Outdoor dining standards” and to establish requirements and processes for three types of outdoor dining spaces.

Section 18.36.190 Standards for live music at full service/sit down restaurants To renumber this section to 18.36.195 ensuring cross references in other chapters are correct.

C. Chapter 18.39 Union Landing Commercial (CUL) District The proposed text amendments would revise the following sections:

Section 18.39.040 Permitted Uses.

To allow for private sidewalk cafes at food service uses subject to the provisions of Section

18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC).

Section 18.39.050 Conditionally permitted uses.

To conditionally allow for outdoor dining patios at food service uses subject to the provisions of Section 18.36.190 within the following Union Landing Commercial (CUL) subdistricts Subregional Commercial Development (SRC), Subregional Specialty Commercial Development (SRSC), and Community Commercial Development (CC).

Section 18.39.055 Outdoor dining.

To cross reference to Section 18.36.190 for outdoor dining provisions.

D. Public Outreach
A newspaper notice for the zoning text amendments was published in the Tri-City Voice as required by State Law. To date, staff has not received any public comments.

III. REQUIRED FINDINGS
City Council/RSA Agenda 107 Tuesday, March 14, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 5
Section 18.64.060 requires that, when considering zoning text amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

1. Recommending that the application be granted or denied or that the proposal be adopted or rejected, including the reasons for the recommendation;

2. The relationship of the application or proposal to the general plan and any applicable specific plans; and

3. Whether the change is necessary or desirable to achieve the purposes of Title 18.

IV. ALTERNATIVES

1. Recommend approval of the proposed Zoning Text Amendments to the City Council as proposed;

2. Recommend approval of the proposed Zoning Text Amendments to the City Council with stated modifications;

3. Recommend denial of the proposed Zoning Text Amendments to the City Council, stating reasons for denial;

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-001) to the City Council based on the following specific findings:

1. That the Zoning Text Amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and

2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no applicable specific plans. • Policies ED-6.2 and LU-6.7 Experience-oriented shopping, seeks to encourage shopping centers to add more “experience-oriented” uses and activities. The proposed amendments would support the efforts of food service establishments to create new outdoor dining experiences, consistent with City Council/RSA Agenda 108 Tuesday, March 14, 2023
Planning Commission Staff Report, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 6
General Plan Goal ED-6 “to encourage Union City’s shopping centers to redevelop, intensify, and adapt to changing retail trends as necessary to create retail destinations, better serve community needs, and remain competitive within the region”, and GoalLU-6 “to encourage Union City’s shopping districts to redevelop, intensify, and adapt to changing retail trends”.
• Policy ED-7.3 Remove Regulatory Barriers, seeks to have the City to remove any unnecessary regulatory barriers that discourage private-sector investment. The proposed amendments help to remove barriers for food serving uses to establish outdoor dining spaces and encourages further investment, consistent with Goal ED-7 “to create a supportive environment in which local businesses can prosper”.

3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of business and industrial areas and conserve the taxable value of land and buildings throughout the City.

It is further recommended that the Planning Commission adopt a Resolution confirming this action.

Prepared by
Brandon H DeLucas, Associate Planner
Attachments
Exhibit A: Draft Amendments (Clean)
Exhibit B: Draft Amendments (Red-Lined)
City Council/RSA Agenda 109 Tuesday, March 14, 2023
Desk Item
DATE: FEBRUARY 16, 2023
TO: PLANNING COMMISSION
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENTS TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08, DEFINITIONS,

18.36, COMMERCIAL DISTRICTS, AND 18.39 UNION LANDING

COMMERCIAL (CUL) DISTRICT, TO ADD DEFINITIONS, UPDATE

AND ADD REGULATIONS, AND ADD/STREAMLINE REVIEW
PROCESSES FOR OUTDOOR DINING AREAS (AT-23-001)
This Desk Item summarizes feedback received from Commissioner Lew and Alex Mog, Deputy City Attorney. Mr. Mog provided feedback resulting in some minor updates to Section 18.36.190(D)(2). The updates clarify that the use of the public right-of-way is at the discretion of the City, and it can be revoked at any time, with or without any reason; and clarifies the insurance requirements. The updates are reflected in the attached Exhibit A and B.

See below for the questions received from Commissioner Lew and staff’s responses (in red italics).

Commissioner Lew Comments

1. Staff report, Exhibit B, Chapter 18.08 Definitions: Section “18.08.537 Sidewalk Café” is inserted incorrectly in the list of definitions. The list of definitions is published in alphabetical order so “Sidewalk Café” should be numbered 18.08.534 and inserted after “18.08.533 Sexually oriented.” The next two definitions, “18.08.534 Site” and “18.08.535 Site-built home” should be renumbered 18.08.535 and 18.08.536 respectively.

Noted, please see updated Exhibit A and B (attached).

2. Staff report, Exhibit B, Chapter 18.08 Definitions: consistent with #1 above, “18.08.536 Site plan review” should be numbered 18.08.537 and inserted after “18.08.536 Site-built home.”
City Council/RSA Agenda 110 Tuesday, March 14, 2023
Planning Commission Desk Item, February 16, 2023
AT-23-001 Zoning Text Amendment, Page 2
Noted, please see updated Exhibit A and B (attached).

3. Staff report, Exhibit B, page 8: regarding removal of required off-street parking, please clarify the City’s decision to use “500 square feet” as the determining factor in whether the removal is automatically permitted or not. Also, how many parking spaces is 500 square feet?
500 Square feet is approximately 3 parking spaces. This limit was chosen to allow a reasonably sized outdoor patio while also limiting the overall impact to the parking counts. Additionally, this number was chosen to be in line with similar requirements from other jurisdictions.

4. Staff report, Exhibit B, page 8: regarding the removal of required off-street parking exceeding 500 square feet, it states “the Zoning Administrator shall make a finding that the reduction does not result in a parking impact to the site.” Does the “shall” in this statement signify the Zoning Administrator “intends” to approve the finding or has a legal obligation to do so? Please clarify.

Section 18.36.190(C)(1)(e)(ii) is revised to read “If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if they make a finding that the reduction does not result in a parking impact to the site”

5. Staff report, Exhibit B, page 8: according to Zoning Code 18.60.020, a variance permit can be requested for off-street parking facilities and such a variance can be approved by the Planning Commission after making the required findings that are shown in 18.60.060 A and B. It appears the Zoning Administrator would be exceeding his/her authority by making “a finding that the reduction does not result in a parking impact to the site.” Please explain this discrepancy between the proposed zoning text amendment and the current municipal code that provides for a variance for deviations from required off-site parking.

The proposed amendment is giving the Zoning Administrator the authority to allow for the reduction of parking which would not trigger a Variance process. Staff confirmed this approach with the Deputy City Attorney.

City Council/RSA Agenda 111 Tuesday, March 14, 2023

EXHIBIT A
Chapter 18.08 Definitions

18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.

18.08.481 Outdoor dining patio.

An outdoor dining patio is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).

18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.

18.08.535 Site

18.08.536 Site-built home

18.08.495 Private sidewalk café
A “Private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

18.08.537 Site plan review
A Site Plan review is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.

Chapter 18.36 Commercial Districts

18.36.020 Permitted Uses
A. A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol “X” is marked in the column beneath the C district:

PERMITTED USES CPA CN CC CVR
Apparel and accessory stores X X X
Automobile sales (new vehicles only) X
Bakeries with retail sales X X
Banks/savings and loans (excluding check cashing businesses) X X X Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops) X X X X City Council/RSA Agenda 112 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code
X X X
Food, fast food/quick service restaurant, in-line only X X Food, full service/sit down restaurant X X X X
Food, retail and carry out food store X X
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X X X Food stores, excluding convenience markets X X
Furniture and home furnishings X
General merchandise/retail stores X X
Health services (medical, dental, physical therapy and pharmacies) X X X X Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A) X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances) X X
Miscellaneous limited retail typically found in office buildings or hotels X X Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.) X X X X Pet grooming (no overnight boarding of animals) X X
Public buildings and grounds X X
Residential uses, within the Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots
X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X

18.36.030 Conditional Uses
City Council/RSA Agenda 113 Tuesday, March 14, 2023
The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

CONDITIONAL USES CPA CN CC CVR
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
Live music (amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(B) X X X X
Outdoor dining patios subject to the provisions of Section 18.36.190 X X X X Outdoor flower display along the street frontage of a permanently established florist in Union City X X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church X
City Council/RSA Agenda 114 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least 3 sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
X X

2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog check X

3. The rental of trailers as an incidental part of the service station operation X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that City Council/RSA Agenda 115 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X

18.36.190 Outdoor dining standards.

A. The following standards are applicable to all outdoor dining areas:

1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time. g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang.

City Council/RSA Agenda 116 Tuesday, March 14, 2023
k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.

2. Design Standards.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.

B. Private sidewalk cafés are subject to the following standards:

1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in

18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.

City Council/RSA Agenda 117 Tuesday, March 14, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.

C. Outdoor dining patios are subject to the following standards:

1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted. i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.

City Council/RSA Agenda 118 Tuesday, March 14, 2023
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.

2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section

18.36.190(B)(2).

D. Sidewalk Cafés are subject to the following standards:

1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poles, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements
City Council/RSA Agenda 119 Tuesday, March 14, 2023
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.

18.36.195 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District

18.39.040 Permitted Uses.

To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

Table 18.39.040
Permitted Uses By Development Type
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.

X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.

X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:

Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:

Alcoholic beverage stores over 4,000 square feet X X X
City Council/RSA Agenda 120 Tuesday, March 14, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.

X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.

X X X
Home furnishings and housewares X X X
Jewelry stores X X X X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)
X X X
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Private sidewalk cafés subject to the provisions listed in Section 18.36.190
X X X
City Council/RSA Agenda 121 Tuesday, March 14, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.

X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X
* Key to development type abbreviations:

SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales. *** A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.

18.39.050 Conditionally permitted uses.

To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type City Council/RSA Agenda 122 Tuesday, March 14, 2023
Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section

18.36.190 X X X

18.39.055 Outdoor dining.

Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.

City Council/RSA Agenda 123 Tuesday, March 14, 2023

EXHIBIT B
Chapter 18.08 Definitions

18.08.261 Food service
A “food service” use is an establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. Food service includes Food-Fast food/quick service restaurant, Food-Full service/sit down restaurant, and Food-Retail and carry out, but does not include Food stores.

18.08.481 Outdoor dining patio.

An outdoor dining patio is an outdoor dining area located on private property that is associated with an adjacent food service use (excluding outdoor dining areas defined as private sidewalk café in section 18.08.495).

18.08.534 Sidewalk café
A “sidewalk café” is an outdoor dining area located within the sidewalk area of a public right-ofway that is associated with an adjacent food service use.

18.08.5354 Site

18.08.5365 Site-built home

18.08.495 Private sidewalk café
A “Private sidewalk café” is an outdoor dining area located within a sidewalk or plaza area on private property that is associated with an adjacent food service use.

18.08.537 Site plan review
A Site Plan review is a ministerial process in which the Director reviews a site plan submittal and determines compliance with applicable regulations.

Chapter 18.36 Commercial Districts

18.36.020 Permitted Uses
A. A use that is not listed is not a permitted use. In addition to uses lawfully established on the effective date of this title, the following uses shall be permitted in a C district when the symbol “X” is marked in the column beneath the C district:

PERMITTED USES CPA CN CC CVR
Apparel and accessory stores X X X
Automobile sales (new vehicles only) X
Bakeries with retail sales X X
Banks/savings and loans (excluding check cashing businesses) X X X Business services (photocopying and small printing shops, computer and data processing, graphic design, sign shops) X X X X City Council/RSA Agenda 124 Tuesday, March 14, 2023

PERMITTED USES CPA CN CC CVR
Educational and instruction uses (business, beauty, computer, dance, martial arts, etc.) with an occupant load of less than fifty (50) through the Uniform Building Code

X X X X
Entertainment and recreation uses (excluding video arcades, pool rooms/halls and dance halls) with an occupant load of less than fifty (50) through the Uniform Building Code
X X X
Food, fast food/quick service restaurant, in-line only X X Food, full service/sit down restaurant X X X X
Food, retail and carry out food store X X
Sidewalk cafes and private sidewalk cafes associated with food service uses subject to the provisions of Section 18.36.190 X X X X Food stores, excluding convenience markets X X
Furniture and home furnishings X
General merchandise/retail stores X X
Health services (medical, dental, physical therapy and pharmacies) X X X X Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A) X X X X
Lodges and meeting halls X X
Lodging (hotel and motel) X
Miscellaneous small repair services (watches, clocks, jewelry, small countertop appliances) X X
Miscellaneous limited retail typically found in office buildings or hotels X X Nurseries and garden stores (without outdoor storage) X X Office X X X X
Personal services (laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, etc.) X X X X Pet grooming (no overnight boarding of animals) X X
Public buildings and grounds X X
Residential uses, within the Old Alvarado and Mission Boulevard neighborhoods, located above ground floor commercial uses X X Seasonal sales lots for holiday trees and pumpkins subject to the provisions of the Policy Statement for the Regulation of Seasonal Sales Lots
X X X
Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed

X X X X

18.36.030 Conditional Uses
City Council/RSA Agenda 125 Tuesday, March 14, 2023
The following conditional uses shall be permitted in a C district, upon the granting of a use permit, when the symbol “X” is marked in the column beneath the C district:

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

CONDITIONAL USES CPA CN CC CVR
Automotive rental agencies with minor parking requirements, involving no automotive repair or vehicle washing on site X X X
Adult day care facilities X
Child day care facilities X X X
Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of 50 or more through the Uniform Building Code
X X
Live music (amplified) at full service/sit down restaurants subject to the standards provisions of Section 18.36.195(B) X X X X Outdoor dining/seating areas Outdoor dining patios subject to the provisions of Section 18.36.190

X X X X
Outdoor flower display along the street frontage of a permanently established florist in Union City X X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property X
Any other use determined by the Zoning Administrator to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X
B. Approval by Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process).

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
City Council/RSA Agenda 126 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
Church uses with existing buildings built for and previously occupied by a church X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

1. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least 3 sides, pump islands located no closer than 20 feet to any property line, and alcoholic beverages not sold on site
X X

2. Minor automobile service, such as engine tune-ups, oil change, tire sales and service, brake service and smog check X

3. The rental of trailers as an incidental part of the service station operation X

4. The rental of hand tools, garden tools, and other similar equipment as an incidental part of the operation of the service station X X

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
City Council/RSA Agenda 127 Tuesday, March 14, 2023

CONDITIONAL USES CPA CN CC CVR
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property
Any other use determined by the Planning Commission to be essentially the same or very similar to the above permitted uses. In making this determination, the findings required under
Section 18.52.060 shall be addressed

X X X X

18.36.180 190 Sidewalk CaféOutdoor dining standards.

A. The following standards are applicable to all outdoor dining areas:

1. Operational Standards.
a. An outdoor dining area shall be used for dining only associated with an adjacent permitted food service use.
b. The area within fifteen (15) feet of the outdoor dining area shall be kept clean and free of litter.
c. An outdoor dining area shall not operate before 7:00 a.m. and after 10:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 11:00 p.m. Friday through Saturday and shall not be used when the food service use is closed. d. The hours of operation of an outdoor dining area, located within 150 feet of an adjacent residential use shall not operate before 7:00 a.m. and after 9:00 p.m.

Sunday through Thursday, and before 7:00 a.m. and after 10:00 p.m. Friday through Saturday.
e. Use of an outdoor dining area shall comply with Chapter 9.40, Union City Community Noise Ordinance.
f. Smoking or vaping is not permitted within an outdoor dining area at any time. g. An outdoor dining area shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable. h. Cooking and/or the preparation of food within outdoor dining areas is prohibited.
i. Portable heaters, if provided, shall be located a minimum of 5 feet away from the exterior face of the building and from any combustible materials, including architectural projections, or in accordance with manufacturer recommendations, whichever is most restrictive.
j. Umbrellas, if provided, shall not be placed under a permanent roof or overhang.

City Council/RSA Agenda 128 Tuesday, March 14, 2023
k. An outdoor dining area shall provide at least one of each: trash, recycling, and compost receptacles to serve the area. Receptacles that are located inside the business may meet this requirement if tables will be bussed for customers.

2. Design Standards:.
a. An outdoor dining area shall be located adjacent to a permitted food service use.
b. An outdoor dining area shall be designed and operated so that unsafe conditions are not created.
c. An outdoor dining area shall ensure accessibility by complying with the California Building Code, and/or the Americans with Disabilities Act, whichever provides greater accessibility.
d. An outdoor dining area shall comply with applicable California Building and Fire Code requirements.
e. An unobstructed path of travel with a minimum 4-foot width that leads directly from exit doors of the food service use to the main private sidewalk or public right of way shall be required.
f. Temporary tent structures are prohibited.

B. Private sidewalk cafés are subject to the following standards:

1. Design Requirements.
a. A private sidewalk café shall be located within an existing sidewalk or plaza area on private property and shall not result in the removal of more than 5 percent of existing landscaping.
i. If more than 5 percent of existing on-site landscaping is proposed to be removed to accommodate the private sidewalk café, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in 18.36.190(C).
b. A private sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted.
i. if the private sidewalk café is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. If permanent structures are proposed, the private sidewalk café shall be subject to the requirements of an outdoor dining patio as provided in

18.36.190(C).
d. Circulation.
i. A clear path in, around or though the private sidewalk café shall be provided and be maintained at all times.

City Council/RSA Agenda 129 Tuesday, March 14, 2023
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poless, lighting, trash receptacles, benches, trees, and gates that open outward beyond the perimeter of the private sidewalk café.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements.
a. Private sidewalk cafés are permitted subject to a site plan review approval as detailed below:
i. An application for site plan review shall be accompanied by the items identified by the outdoor dining application checklist as prescribed by the Director.
ii. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
iii. All applications for site plan review shall be filed with the Director for review and approval or disapproval prior to the establishment of a private sidewalk café, or issuance of building permits.

C. Outdoor dining patios are subject to the following standards:

1. Design Requirements.
a. An outdoor dining patio shall be located adjacent to a food service use on private property.
b. An outdoor dining patio shall be delineated by a permanently installed barrier consisting of railings, fences, or a combination of railings and fences, and planter boxes that are 3 feet in height or less. Solid walls are not permitted. i. if the outdoor dining patio is completely enclosed by a barrier, an access gate shall be provided and meet all California Building and Fire Codes requirements regarding emergency egress.
c. An outdoor dining patio may have permanent shade and/or lighting structures. i. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.
ii. Any permanent improvements shall comply with the development standards for the appropriate zoning district for which the site is located in.

City Council/RSA Agenda 130 Tuesday, March 14, 2023
d. An outdoor dining patio located within a parking lot or directly adjacent to a drive aisle shall be designed to not obstruct driver’s sight distances, vehicular or pedestrian access, and shall not result in a configuration that would shift pedestrian traffic into driveways or drive aisle.
e. Removal of required off-street parking:
i. The removal of required off-street parking is permitted when the outdoor dining area does not exceed 500 square feet.
ii. If the outdoor dining patio exceeds 500 square feet, the Zoning Administrator may only approve the application if he or she makes a finding that the reduction does not result in a parking impact to the site.

2. Permit Requirements.
a. Outdoor dining patios are subject to issuance of an administrative use permit, as detailed in Chapter 18.54, and site plan review as detailed in Section

18.36.190(B)(2).

D. Sidewalk Cafés are subject to the following standards:

1.Design requirements:
a. A sidewalk café shall be located within a public right-of-way sidewalk area adjacent to a food service use.
b. A sidewalk café may be delineated by a barrier consisting of railings, fences, or planter boxes that are 3 feet in height or less. Solid walls are not permitted c. Permanent structures are prohibited. The components of a sidewalk cafe shall consist solely of moveable furnishings, including moveable tables, chairs, planters and umbrellas.
e. Circulation.
i. A clear path around or though the sidewalk café shall be provided and be maintained at all times.
ii. The clear path shall be a paved sidewalk that is at least 5 feet wide. iv. The clear path shall be measured from the outermost point of the private sidewalk cafe to the curb, edge of sidewalk or to the nearest obstruction within the flow of pedestrian traffic, whichever is shorter.

Obstructions include but are not limited to: sign poless, lighting, trash receptacles, benches, trees, gates that open outward beyond the perimeter of the private sidewalk cafe.
v. Recesses in the building facade shall not be used to satisfy the clear path requirement.

2. Permit Requirements
City Council/RSA Agenda 131 Tuesday, March 14, 2023
a. Sidewalk cafés are permitted subject to the issuance of an encroachment permit from the Public Works Department and a site plan review from the Planning Division as detailed in 18.36.190(B)(2).
b. Permission to use of the public right-of-way to operate a sidewalk café is at the discretion of the City, and such permission may be terminated at any time and for any reason. Permittee shall remove or relocate the sidewalk café, as directed, upon written demand of the City Manager, or his or her designee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation or removal of the sidewalk café at the expense of the permittee and/or property owner. Any such noncompliance shall also be a violation of this section c. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000), or such greater amount required by the City Manager with the City of Union City listed as an additionally insured.

Sidewalk cafes with outdoor dining and seating areas are permitted with an administrative use permit approval as detailed in Chapter 18.54, subject to the follow standards:

A. Outdoor dining and seating areas must be located directly in front of the tenant space of the business requesting outdoor dining and seating.

B. A six (6) foot-wide free and clear pedestrian walkway must be provided at all times along the public sidewalk. This walkway must provide for pedestrian access to doorways and crosswalks. Associated amenities for the outdoor dining and seating area, such as landscape planters, shall not encroach into the six (6) foot-wide pedestrian walkway.

C. No tables or seating shall be placed within the area of any handicap ramps, driveways, or doorways.

D. The canopies of umbrellas associated with outdoor tables must provide a minimum vertical clearance of seven (7) feet, unless the umbrella does not extend beyond the outside edge of the table, and shall not be located within nine (9) feet of the face of curb.

E. Tables, chairs, umbrellas, and other associated amenities (i.e., landscape planters, etc.) to the outdoor dining/seating shall be attractive, made of durable materials, and of a coordinated design style.

F. An encroachment permit from the Public Works Department must be obtained.

G. By accepting an administrative use permit, the permittee explicitly agrees to hold the City, its officers and employees harmless from any liability, claims, suits or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittees’ installation, operation, maintenance or removal of sidewalk café.

H. The permittee shall be responsible for, and exercise reasonable care in the inspection, maintenance, and cleanliness of, the area affected by the sidewalk café dining and seating, including any design requirements hereafter enacted, from the building frontage to the curb.

I. The permittee shall restrict the sidewalk café seating and dining to the approved location and ensure compliance with all applicable laws, including laws against blocking the public rightCity Council/RSA Agenda 132 Tuesday, March 14, 2023 of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

J. When any sidewalk café is found to be in conflict with existing or proposed facilities or improvements owned, maintained or operated by the City, or any existing or proposed City design plans, such placement shall, upon written demand of the City Manager or his or her designee, be removed or relocated in such a way as to eliminate the conflict; and said removal or relocation shall be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time not to exceed thirty (30) calendar days, the City may cause such relocation of the placement at the expense of the permittee. Any such noncompliance shall also be a violation of this section.

K. A permit for a sidewalk café, or a copy thereof, shall be posted in plain view within the food service establishment for which the permit has been issued.

L. Any authorized sidewalk café shall be subject to additional taxes, permits or fees as required by law.

M. The permittee shall carry liability insurance in the amount of at least one million dollars ($1,000,000).

N. When the Zoning Officer finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of sidewalk café seating, he/she may require off-street parking for the outdoor area devoted for the sidewalk café at the rate required for interior floor area for food service establishments in the district.

18.36.1950 Standards for live music at full service/sit down restaurants Chapter 18.39 Union Landing Commercial (CUL) District

18.39.040 Permitted Uses.

To facilitate coordinated, yet distinct development areas within Union Landing, a development proposal shall include only those uses consistent with its development type. The following uses shall be permitted within a commercial development in Union Landing, when the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.040. A use that is not listed is not permitted.

Table 18.39.040
Permitted Uses By Development Type
Development Type
Permitted Uses SRC SRSC CC OC
Business, commercial and professional services including banks and credit unions, financial, insurance, real estate, and law offices, etc.

X X X X
Dental, medical and optical offices measuring up to 5,000 sq. ft.

X X X X
Fitness uses measuring up to 5,000 sq. ft. X X X
Food service:

City Council/RSA Agenda 133 Tuesday, March 14, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Full service/sit down restaurant in-line or stand-alone X X X Fast food/quick service restaurant, in-line or stand-alone X X X Retail and carry out food store, in-line only X X X
General merchandise retail over 75,000 square feet excluding superstores
X X
General merchandise retail under 75,000 square feet,
including:

Alcoholic beverage stores over 4,000 square feet X X X
Antique stores X X X
Appliance stores X X X
Beauty supply stores X X X
Book stores X X X
Breweries and wineries with on-site tasting and food service up to 5,000 sq. ft.

X X X
Bridal and tuxedo sales/rental stores X X X
Camera and photo retail stores X X X
Cannabis dispensary/retail*** X X X
Cell phone stores X X X
Clothing and clothing accessories X X X
Consumer electronic sales X X X
Copying and printing service X X X
Craft, art, and fabric supply stores, hobby shops and frame shops
X X X
Department stores X X X
Florist X X X X
Furniture sales, including patio furniture and barbeque stores X X X Gift, stationery and office supply stores X X X X
Gourmet food and beverage stores that sell artisan products measuring up to 5,000 sq. ft.

X X X
Home furnishings and housewares X X X
Jewelry stores X X X X
Live music (non-amplified) at full service/sit down restaurants subject to the provisions of Section 18.36.195(A)
X X X
Luggage and leather stores X X X
Magazine and newspaper stands X X X X
Mattress stores X X X
Music retail stores, including the sale of musical instruments such as pianos
X X X
Party supply stores X X X
Pet supply stores X X X
Shoe stores X X X
Sporting goods and bicycle sales (no gun sales) X X X
Supermarkets X
Toy/educational stores X X X
Vitamin stores and pharmacies X X X
City Council/RSA Agenda 134 Tuesday, March 14, 2023
Development Type
Permitted Uses SRC SRSC CC OC
Any other retail sales use determined by the Economic and Community Development Director to be the same or similar to the above list
X X X
Hardware, building materials and garden supply stores with no outdoor storage
X X X
Hotels X X X X
Indoor theaters without alcoholic beverage sales X X X
Outdoor dining areasPrivate sidewalk cafés subject to the provisions listed in Section 18.36.19039.055
X X X
Personal care services including beauty and barber shops, nail care, day spas, waxing, hair removal, tattoo parlors, etc. excluding massage uses
X X
Personal services including dry-cleaning establishments, shoe repair, travel agency, tailor, photography studio, etc.

X
Tutoring centers X X X X
Veterinarian offices and small animal hospitals measuring up to 5,000 sq. ft. including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X
* Key to development type abbreviations:

SRC—Subregional commercial development;
SRSC—Subregional specialty commercial development;
CC—Community commercial development;
OC—Office commercial development.
** Supermarkets and food stores shall mean any store where fifty percent (50%) or more of the total floor area of the store is devoted to prepackaged food and grocery sales. *** A cannabis dispensary/retail use shall be subject to the zoning requirements of Chapter 18.117 as well as the licensure and regulatory requirements of Chapter 5.44.

18.39.050 Conditionally permitted uses.

To facilitate coordinated, yet distinct development areas within Union Landing, the following uses shall be permitted within a commercial development upon granting of a use permit, when City Council/RSA Agenda 135 Tuesday, March 14, 2023
the symbol “X” is marked in the column beneath the appropriate development type on Table 18.39.050. A use that is not listed is not permitted.

A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

Table 18.39.050(A)
Uses That Require an Administrative Use Permit by Development Type Development Type
Conditionally Permitted Uses SRC SRSC CC OC
Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B) X X X
Outdoor dining patios subject to the provisions listed in Section

18.36.190 X X X

18.39.055 Outdoor dining.

Outdoor dining areas shall be subject to the requirements included in Section 18.36.190.

A. Prior to establishment of an outdoor dining area, a site plan shall be submitted to the Planning Division for review and approval that addresses the following:

1. Site plan shall be drawn to scale (1/4″= 1′) and/or include dimensions and shall include the following:
a. Boundary of outdoor dining area including adjacent buildings, sidewalk areas, driveways or drive aisles; and
b. Configuration of outdoor dining area including entrance/exit into area and location of tables, chairs, umbrellas, heat lamps, fencing, landscape planters, etc.

2. Umbrellas are permitted if there are no building awnings or overhangs directly above them. Tent structures are not permitted.

3. Outdoor dining areas are limited to the private sidewalk area directly adjacent to tenant space.

4. Outdoor dining areas shall comply with all applicable requirements of the California Building Code and the Americans with Disabilities Act (ADA), which requires a continuous accessible path of travel.

5. Outdoor dining areas shall not obstruct any building entrances or exits; driveways and drive aisles or driver’s sight distances; fire protection equipment; City Council/RSA Agenda 136 Tuesday, March 14, 2023
and pedestrian circulation including configurations that result in shifting pedestrian traffic into driveway or drive aisle.

6. Any permanent improvements shall comply with applicable California Building and Fire Code requirements and may be subject to issuance of a building permit and/or Administrative Site Development Review approval pursuant to Chapter 18.52.

7. Any outdoor dining barriers such as fencing or landscape planters shall not exceed forty-eight (48) inches in height.

8. Exterior electricity outlets shall be installed for any outdoor dining area components that require an electrical connection.

B. The following requirements shall apply to outdoor dining areas:

1. At least one receptacle each for trash, recycling, and organics recycling shall be provided to serve the outdoor dining area. Receptacles that are located inside the business may meet this requirement if table service is provided.

2. Area within fifteen (15) feet of the outdoor dining area shall be kept clean and debris-free.

3. No smoking shall be allowed within the outdoor dining area.

4. Any applicable permits/approvals from the California Department of Alcohol Beverage Control shall be obtained prior to sale of alcoholic beverages in the outdoor dining area.

City Council/RSA Agenda 137 Tuesday, March 14, 2023
PLANNING COMMISSION MINUTES 1 FEBRUARY 16, 2023

CITY OF UNION CITY

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY FEBRUARY 16, 2023, 7:00 P.M.

IN THE COUNCIL CHAMBERS OF CITY HALL
34009 ALVARADO-NILES ROAD
UNION CITY, CA 94587

AND VIA TELECONFERENCE

1. ROLL CALL: Vice Chairperson Ed Mack Agbuya, Commissioner JoAnn Lew; Commissioner Kevin Finnerty
Commissioner Amandeep Sandhu arrived at 7:13 PM

2. STAFF: Carmela Campbell (Economic & Community Development Director); Alex Mog (Deputy City Attorney); Derek Farmer (Planning Manager); Tommy Cho (Principal Civil Engineer); Brandon DeLucas (Associate Planner); Denisse Anzoátegui (Administrative Assistant III)

3. APPROVAL OF MINUTES: None.

4. ORAL COMMUNICATIONS: None.

5. WRITTEN COMMUNICATIONS: None.

6. PUBLIC HEARINGS:

A. CONTINUED HEARINGS: None.

B. NEW HEARINGS:

1. CITY OF UNION CITY, ZONING TEXT AMENDMENT (AT23-001): The City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts, and

18.39, Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to add definitions, update and add regulations, and add / streamline review processes for outdoor dining areas. The zoning text amendment is exempt from environmental review in accordance with the California Environmental Quality Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment.

Brandon H DeLucas, Associate Planner presented the staff report. Mr. DeLucas also reviewed the Desk Item that was prepared.

Vice Chairperson Agbuya thanked Mr. DeLucas for the presentation and stated that he would invite the Commission to ask questions.

Commissioner Lew thanked staff for the Desk Item and noted that it was very well done.

Commissioner Lew stated that she wanted to go back to the findings by the Zoning City Council/RSA Agenda 138 Tuesday, March 14, 2023
PLANNING COMMISSION MINUTES 2 FEBRUARY 16, 2023
Administrator. Commissioner Lew asked if staff would request public input from neighboring restaurants regarding the loss of parking.

Mr. DeLucas replied that as part of the Use Permit application, it is customary to notice neighboring businesses and that the restaurant needs the property owner's signature. Mr.

DeLucas added that when the property owner signs off, they take responsibility. Mr. DeLucas also added that they do not have any other process beyond the 300-foot notice.

Commissioner Lew confirmed that surrounding businesses are notified especially when it involves loss of parking. Commissioner Lew noted that even losing three spaces could cause certain areas to be very tight. Commissioner Lew referred to the area of Union Landing which she calls restaurant row, and noted how that area is always parked up. Commissioner Lew added that if anyone wants to add additional outdoor dining there, it would be a loss of parking.

Commissioner Lew stated that she wanted to know if the other restaurants are going to get a notice and can weigh in on the loss of parking.

Mr. DeLucas replied that as part of the 300-foot notice, businesses, and property owners within 300 feet of the business property will be noticed. Mr. DeLucas added that the notice informs them that they can direct any comments to staff. Mr. DeLucas compared the process similar to notices that are sent out for Planning Commission hearings, but this will give the date from when the Zoning Administrator will make the decision.

Commissioner Lew replied that she was glad to hear that they’re included and will have an opportunity to respond.

Commissioner Finnerty stated that his first question was likely directed to Mr. Mog but requested clarification for the word “adjacent.” Commissioner Finnerty asked if adjacent meant there would be a common wall, or if it was in terms of distance. Commissioner Finnerty asked if there was any interest in defining what adjacent looks like for this purpose.

Alex Mog, Deputy City Attorney replied that adjacent is not defined in the code, but the common definition of that would mean directly next to, and so it would have to be directly next to the food service. Mr. Mog added that there couldn't be another business in between or in a separate building, only directly next to that business.

Commissioner Finnerty replied that the reason he asked is that he sees a discussion regarding removing of parking spots. Commissioner Finnerty added that Union Landing comes to mind with specifically the restaurants surrounding Starbucks with limited seating and if they choose to remove three parking stalls there would be a driveway they would have to cross. Commissioner Finnerty asked if restaurants, including those between Starbucks and Backyard Bayou, would be able to add a dining area in the parking lot.

Mr. DeLucas replied no and that it would not be the intent of these regulations. Mr. DeLucas added that it would be more appropriate to do the private sidewalk. Mr. DeLucas added that that sidewalk is a little bigger and some of the restaurants further down Starbucks towards the movie theater already have little fenced areas. Mr. DeLucas added that because the drive aisle would be there, they would not be able to have outdoor dining because the space would not be directly adjacent.

Commissioner Finnerty referred to Exhibit B and noted he asked about the use of asterisks throughout the document. Commissioner Finnerty noted that the first asterisk refers to a key to City Council/RSA Agenda 139 Tuesday, March 14, 2023
PLANNING COMMISSION MINUTES 3 FEBRUARY 16, 2023
development type abbreviations, the second talks about supermarkets and food stores, and then a third asterisk talks about cannabis.

Mr. DeLucas asked Commissioner Finnerty to repeat the section he was referring to.

Commissioner Finnerty referred to Exhibit B, under the area just above the section titled Conditionally Permitted Uses, 18.39.050.

Mr. DeLucas replied that they are existing notes in the code and asked if Commissioner Finnerty had a concern.

Commissioner Finnerty replied that he couldn’t find the corresponding asterisks with the information that is being referred to. Commissioner Finnerty added that he may have missed it in the document.

Mr. Mog replied that the first asterisk is in the Development Type table. Mr. Mog noted that they could see that the initials are listed there. The first asterisk is just providing what those initials stand for. Mr. Mog explained that SRC stands for Sub-Regional Commercial Development.

Mr. DeLucas added that he was trying to find the Supermarkets section. Mr. DeLucas added that he did not make any changes to those, so they may have fallen off in an earlier amendment. Mr. DeLucas assured the Commission that he would try to adjust it since they were already amending the section of the code.

Commissioner Finnerty suggested that they could put an asterisk over the information that they are providing further information on and may clear it up for the reader, especially if someone were to pull it out and delve into it.

Mr. DeLucas identified the location of where the double asterisk should go.

Commissioner Finnerty replied that he wanted to make sure that he hadn’t missed anything in the review of the document.

Mr. DeLucas replied that staff will review and make sure that they can make those edits, when it moves to the City Council.

Commissioner Finnerty asked staff to confirm that the walkway would be a five-foot wide minimum.

Mr. DeLucas replied that staff feels that it is a sufficient wide clear path under circulation.

Commissioner Finnerty asked how staff came up with five feet.

Mr. DeLucas replied that five feet was the existing standard for sidewalk cafes, and it was also the standard that the City applied through the temporary outdoor dining program during the COVID-19 pandemic. Mr. DeLucas added that the Americans with Disabilities Act minimum is three feet and the City is exceeding that. Mr. DeLucas added that five feet felt that it would be appropriate and reasonable to allow people to pass.

Commissioner Sandhu stated she had concerns over the access at the Starbucks at Union Landing for someone in a wheelchair as it seemed very narrow.

Mr. DeLucas replied that the circulation requirement ensures that there is enough access. Mr.

DeLucas repeated that the Americans with Disabilities Act has a minimum standard of three feet City Council/RSA Agenda 140 Tuesday, March 14, 2023
PLANNING COMMISSION MINUTES 4 FEBRUARY 16, 2023
and the City has chosen to require five feet. Mr. DeLucas added that is some cases, Starbucks may have their chairs out and blocked, and they would not comply. Mr. DeLucas added that under the standard requirements, businesses must ensure that their outdoor dining areas shall ensure accessibility by complying with the California Building Code and/or the Americans with Disability Act, ADA, whichever provides greater accessibility. Mr. DeLucas added that when they submit for that site plan review, staff is ensuring that they are showing that they are going to maintain that access for somebody in a wheelchair. Mr. DeLucas also added that there is also a requirement for ADA accessible tables like for wheelchairs and it depends on the number of chairs or tables they have.

Commissioner Sandhu asked if they could serve alcohol outside.

Mr. DeLucas replied that they can serve alcohol within the areas subject to getting approval through ABC, California’s Alcohol and Beverage Control. Mr. DeLucas added that if ABC signs off and allows them that expansion, it would be permitted.

Vice Chairperson Agbuya noted that with outdoor dining, most likely people would like to bring their pets. Vice Chairperson Agbuya asked if there would be a special permit to allow pets while they are dining outside.

Mr. DeLucas replied that the City will not require anything, and that depending on the service type they may get an additional approval from the Health Department. Mr. DeLucas added that it is more of their criteria or requirement that determines whether somebody wants to sit outside with their pet.

Vice Chairperson Agbuya opened and closed the public comment.

Commissioner Lew moved that the Planning Commission recommend approval of Zoning Text Amendment AT-23-001, as modified by the Desk Item to the City Council, making the specific findings as listed in the staff report in support of a recommendation of approval and adopt a resolution confirming this action.

Commissioner Finnerty seconded.

The motion was carried by the following roll call vote:

AYES: (AGBUYA, FINNERTY, LEW, SANDHU)
NOES: NONE
ABSTAIN: NONE
ABSENT: (GUIO, MCLELLAND)
The motion passes 4-0.

7. SUPPLEMENTAL STAFF REPORTS:
a. CONTINUED HEARINGS: None.
b. NEW REPORTS: None.

8. ECONOMIC DEVELOPMENT REPORTS: None.

City Council/RSA Agenda 141 Tuesday, March 14, 2023
PLANNING COMMISSION MINUTES 5 FEBRUARY 16, 2023

9. COMMISSION MATTERS:

1. Follow-up on Planning Commission referrals to the City Council:

Carmela Campbell, Economic & Community Development Director stated that there are none.

2. Upcoming applications for the Regular Planning Commission meeting for March 2, 2023.

Ms. Campbell informed the Commission that there will be two items on the next agenda. Ms.

Campbell stated that the first item will include a General Plan and Housing Element Annual Report. Ms. Campbell added that the report is required by the State of California and is being brought to the Commission and Council for review. Ms. Campbell added that there will also be an acupuncture clinic that is coming up for a Use Permit at Central Plaza.

10. GOOD OF THE ORDER:

Commissioner Finnerty reminded the Commission and members of the public that there will be a celebration of life for Supervisor Richard Valle on Saturday, February 25 that will begin at 10 o’clock at Veterans Memorial Park.

Ms. Campbell informed the Commission of a flyer provided to the Commission regarding the event. Ms. Campbell noted that Supervisor Valle was also a City Councilmember for many years and that everyone was very sad to hear of his passing.

Ms. Campbell reminded the Commission of the Planning Commissioner's Academy that will take place March 29-31st and asked the Commission to reach out staff if there was interest in attending as the event fills up.

11. ADJOURNMENT: 7:40 PM
City Council/RSA Agenda 142 Tuesday, March 14, 2023
PLANNING COMMISSION RESOLUTION NUMBER 01-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UNION CITY

RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING TEXT AMENDMENT, AT-23-001, AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTERS 18.08, DEFINITIONS, 18.36, COMMERCIAL DISTRICTS AND 18.39, UNION LANDING COMMERCIAL (CUL)

DISTRICT, TO ADD DEFINITIONS, UPDATE REGULATIONS, AND STREAMLINE

REVIEW PROCESSES FOR OUTDOOR DINING AREAS

WHEREAS, on June 9, 2020, in response to the COVID-19 pandemic had on the local economy and in particular food service uses, the City Council adopted an urgency ordinance (Ordinance #878-20) allowing the Zoning Administrator to issue temporary use permits waiving certain Zoning Ordinance requirements; and WHEREAS, upon adoption of the urgency ordinance, the Zoning Administrator directed Planning Division staff to develop a program to allow temporary outdoor dining operations in compliance with all applicable County and State guidelines; and WHEREAS, while the outdoor dining program was meant as a temporary solution to address the challenges facing businesses as a result of the COVID-19 pandemic, there is a need to facilitate the development of permanent outdoor dining areas; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the Zoning Ordinance contains regulations regarding outdoor dining areas, including the requirements for obtaining discretionary review, if applicable, and WHEREAS, the City of Union City is proposing to amend Chapters 18.08, Definitions, 18.36, Commercial Districts and 18.39 Union Landing Commercial (CUL) District, of Title 18, Zoning, of the Union City Municipal Code, to address regulations for outdoor dining areas. The amendments propose updating standards related to outdoor dining areas and streamlining review processes for outdoor dining areas; and WHEREAS, on February 16, 2023, the Planning Commission held a duly noticed public hearing to consider the proposed zoning text amendments, receive the staff report and staff presentation, and discuss the matter; and
WHEREAS, the amendments to Title 18 are shown in Exhibit A (Clean) and Exhibit B (Redlined), which are attached hereto and incorporated herein by reference.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are true and correct and made a part of this Resolution.

DocuSign Envelope ID: 6F07B8A5-B7B2-4689-95BE-0A4C0CA44D63 City Council/RSA Agenda 143 Tuesday, March 14, 2023
2 Planning Commission Reso #01-23
AT-23-001, Zoning Text Amendments
BE IT FURTHER RESOLVED that the Planning Commission of the City of Union City hereby recommends that the City Council approve Zoning Text Amendment, AT-23- 001, as shown in Exhibit A (Clean) and Exhibit B (Redlined) and does hereby find as follows:

1. That the Zoning Text Amendments are exempt from environmental review in accordance with the California Environmental Quality (CEQA) Act Guidelines Section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment; and

2. That the proposed Zoning Text Amendments are consistent with the following General Plan policies. There are no applicable specific plans. a. Policies ED-6.2 and LU-6.7-Experience-oriented shopping, seeks to encourage shopping centers to add more “experience-oriented” uses and activities. The proposed amendments would support the efforts of food service establishments to create new outdoor dining experiences, consistent with General Plan Goal ED-6 “to encourage Union City’s shopping centers to redevelop, intensify, and adapt to changing retail trends as necessary to create retail destinations, better serve community needs, and remain competitive within the region”, and Goal-LU-6 “to encourage Union City’s shopping districts to redevelop, intensify, and adapt to changing retail trends”.
b. Policy ED-7.3-Remove Regulatory Barriers, seeks to have the City to remove any unnecessary regulatory barriers that discourage private-sector investment.

The proposed amendments help to remove barriers for food serving uses to establish outdoor dining spaces and encourages further investment, consistent with Goal ED-7 “to create a supportive environment in which local businesses can prosper”; and

3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purposes of Title 18, which seek to protect the character and maintain the stability of business and industrial areas and conserve the taxable value of land and buildings throughout the City.

DocuSign Envelope ID: 6F07B8A5-B7B2-4689-95BE-0A4C0CA44D63 City Council/RSA Agenda 144 Tuesday, March 14, 2023
3 Planning Commission Reso #01-23
AT-23-001, Zoning Text Amendments
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on February 16, 2023, by the following vote:

AYES 4 (Agbuya, Finnerty, Lew, Sandhu)
NOES 0
ABSTAIN 0
ABSENT 2 (Guio, Mclelland)
MOVED: Commissioner Lew
SECONDED: Commissioner Finnerty

APPROVED

ED MACK AGBUYA, VICE CHAIRPERSON
ATTEST:

CARMELA CAMPBELL, SECRETARY
DocuSign Envelope ID: 6F07B8A5-B7B2-4689-95BE-0A4C0CA44D63 City Council/RSA Agenda 145 Tuesday, March 14, 2023
Item 6.a
Zoning Text Amendment AT-23-001
Outdoor Dining Areas
City Council/RSA Agenda 146 Tuesday, March 14, 2023
2 Background
• January 24, 2023, City Council
approved terminating City’s
local emergency declaration on
February 28, 2023
• Urgency ordinance related
Temporary Outdoor Dining
Program expired
•Proposed amendments to
Zoning Ordinance added
provisions to expand
opportunities for permanent
outdoor dining and streamline
planning approvals
City Council/RSA Agenda 147 Tuesday, March 14, 2023
3 Chapter 18.08 Definitions

18.08.481 Outdoor dining patio.
- an outdoor dining area located on private
property that is associated with an adjacent
food service use (excluding outdoor dining
areas defined as private sidewalk café in
section 18.08.495).

City Council/RSA Agenda 148 Tuesday, March 14, 2023
4 Chapter 18.08
Definitions

18.08.537 Sidewalk café
- an outdoor dining area
located within the sidewalk
area of a public right-of-way
that is associated with an
adjacent food service use.

City Council/RSA Agenda 149 Tuesday, March 14, 2023
5 Chapter 18.08
Definitions

18.08.495 Private sidewalk
café
- an outdoor dining area
located within a sidewalk or
plaza area on private property
that is associated with an
adjacent food service use.

City Council/RSA Agenda 150 Tuesday, March 14, 2023
6 Chapter 18.36
Commercial Districts

18.36.020 Permitted Uses
•Sidewalk cafes and private sidewalk
cafes subject to provisions of Section

18.36.190

18.36.030 Conditional Uses (AUP)
•Outdoor dining patios subject to
provisions of Section 18.36.190
City Council/RSA Agenda 151 Tuesday, March 14, 2023
7 Chapter 18.36 Commercial Districts

18.36.190 Outdoor dining standards.

Operational standards which apply to all outdoor dining areas. - Keep area within 15 feet clear of litter
- Hour of operation limitations
- Comply with Union City Noise Community Ordinance
- Cooking or preparation of food prohibited
- Portable heaters setback min 5 feet from all combustible materials - Umbrellas allowed unless under permanent roof or overhang - Trash, recycling and compost bins shall be provided
City Council/RSA Agenda 152 Tuesday, March 14, 2023
8 Chapter 18.36 Commercial Districts

18.36.190 Outdoor dining standards.

Private sidewalk café standards .
- Located in existing private sidewalk or plaza
- May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures.
- If structures proposed, private sidewalk café subject to the requirements of outdoor dining patio provided in 18.36.190(C).
- Circulation
- Permit requirements
- Site Plan Review
City Council/RSA Agenda 153 Tuesday, March 14, 2023
9 Chapter 18.36 Commercial Districts

18.36.190 Outdoor dining standards.

Outdoor dining patio standards.
- Located adjacent to food service use on private property - May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures subject to Administrative Site Development Review (ASD) and building permit
- When in parking lots shall not obstruct vehicular and pedestrian access City Council/RSA Agenda 154 Tuesday, March 14, 2023
10 Chapter 18.36 Commercial Districts

18.36.190 Outdoor dining standards.
- Removal of Parking
- Permitted when patio is less then 500 square feet
- Additional finding required if above 500 square feet
- Permit requirements
- Subject to Administrative use permit, as detailed in Chapter 18.54 - Subject to Site Plan review
City Council/RSA Agenda 155 Tuesday, March 14, 2023
11 Chapter 18.36 Commercial Districts

18.36.190 Outdoor dining standards.

Sidewalk Café standards .
- Located adjacent to food service use on a public sidewalk - May be enclosed by a barrier (fences, railings or planter boxes) - Permanent structures prohibited. All fixtures shall be movable - Circulation
- Permit requirements
- Site Plan review
- Encroachment permit
City Council/RSA Agenda 156 Tuesday, March 14, 2023
12 Chapter 18.39 Union Landing Commercial (CUL)

18.39.040 Permitted Uses
Private sidewalk cafes subject to provisions of Section 18.36.190

18.39.050 Conditional Uses
Outdoor dining patios subject to provisions of Section 18.36.190

18.39.055 Outdoor dining
Refer to outdoor dining standards in Section 18.36.190
City Council/RSA Agenda 157 Tuesday, March 14, 2023
13 Temporary Outdoor Dining Program
• 30 Temporary Outdoor Dining Permits issued to date
• Program expired due to expiration of Emergency Declaration • Businesses who wish to convert their existing temporary outdoor dining facilities must apply to the Planning Division for approval by April 13, 2023 and be under construction by June 30, 2023 • Businesses who do not apply by the April 13, 2023 deadline will be required to remove any temporary outdoor dining facilities at that time • Proposed amendments and COVID 19 Grant Program designed to assist restaurant owners to transition from temporary to permanent outdoor dining facilities
City Council/RSA Agenda 158 Tuesday, March 14, 2023
14 Prior Actions / Recommendation
• Planning Commission recommended adoption of the draft Ordinance at its February 16, 2023 meeting (4-0 vote)
• City Council introduced the draft Ordinance at its February 28 meeting (4-0 vote)
• Staff recommends that the City Council waive the second reading, hold a public hearing, and adopt an Ordinance approving Zoning Text Amendment AT-23-001
City Council/RSA Agenda 159 Tuesday, March 14, 2023
Agenda Item
DATE: 3/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AMENDING RESOLUTION NO. 5703-21, THE

PREVIOUSLYADOPTED COUNCIL NORMS
Staff recommends that the City Council to adopt a resolution amending Resolution No. 5703-21, the previously adopted Council Norms.

STRATEGIC PLAN ALIGNMENT
This report is in alignment with the following City Council Priority:

Goal B: Governance and Organization Effectiveness
Strategy 3: Implement a new system of electing councilmembers by district and establish protocols for their governance.

BACKGROUND
On August 13, 2020, an annual City Council retreat was held and facilitated by Management Partners (now Baker Tilly), along with City staff. One focus of that retreat was on establishing Council Norms, which are an agreed upon set of behaviors or procedure that all Councilmembers will demonstrate for the benefit of the organization.

Seven Council Norms were considered by the City Council, which were discussed, revised, and then agreed upon. These serve as a pathway for an elected body to be effective as a policy group and to set the tone for future City Councils, as well as to guide the conduct of its business in an orderly and fair manner. The agreed upon Council Norms under Resolution No. 5703-21 (Attachment 2) are as follows:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

City Council/RSA Agenda 160 Tuesday, March 14, 2023

2. We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff.

3. We keep confidential matters confidential.

4. We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. Once a decision is made, all members of the City Council must respect the Council’s direction.

6. We are prepared for Council meetings and ask our questions of the City manager in advance so we can avoid surprising staff at our meetings.

7. We do not criticize staff to them or others. We take our concerns to the City Manager.

The resolution adopting the Council Norms also details administration and enforcement procedures, which primarily rely on the City Council intervening when Councilmembers are not following the Council Norms and the Mayor being designated with the primary responsibility to ensure adherence to the Council Norms during discussions, deliberations, and proceedings. It is also within the City Council’s authority to review and revise the Council Norms as needed.

DISCUSSION
On February 16, 2023, the City Council held a Special Meeting to discuss governance as newly elected officials had joined the Council in December 2022. The City Manager, City Attorney, Deputy City Manager, a Management Analyst, and a facilitator from Baker Tilly also attended the meeting. The meeting allowed the new City Council an opportunity to discuss governance as it relates to the City’s transition to election by districts, determine whether any protocols should be changed vis-à-vis its previously adopted Council Norms, and generally speaking to set the groundwork for effective teamwork moving forward. A complete summary workshop report was prepared by Baker Tilly and is provided as an attachment to this report (Attachment 4).

During this session, City Council was provided with best practices and attributes of high-performing Councils along with a review of the roles and responsibilities of City leaders. This led into a discussion on protocols related to the City’s transition to districts. Councilmembers shared their perspective as to what was different, what was better, and what concerns may exist.

Having gone over the foundational components of the session, the City Council then discussed the previously adopted Council Norms. City Council affirmed its existing applicability and indicated additional norms language related to districts may be beneficial.

As a result of the workshop, there were to two primary action steps for City staff:

1. Bring a proposed resolution amending the adopted Council Norms to incorporate such language for City Councilconsideration and adoption.

2. Ensure language about districts and norms are readily accessible on the City’s website, at the end of the City Councilagenda, and any other options.

Having considered City Council’s comments at the workshop, City staff is recommending non-substantive edits to the existing norms for clarity as wellas the addition of three other norms that emphasize the importance of citywide governance. Attached to this report is a redlined document that outlines the changes being proposed (Attachment 3). The three new proposed norms are as follows:

1. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

City Council/RSA Agenda 161 Tuesday, March 14, 2023

2. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financialcapacity.

3. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

Should City Council approve these amendments, it would then bring the total number of Council Norms from seven to ten.

Once adopted, the Council Norms will be published at the end of every City Council meeting agenda. The Norms willalso be published on the City’s website.

City Council is invited to provide City staff with additional direction as it sees fit.

FISCAL IMPACT
There is no fiscal impact of City Council taking the recommended action.

RECOMMENDATION
Staff recommends that the City Council to adopt a resolution amending Resolution No. 5703-21, the previously adopted Council Norms.

Prepared by:

Jennifer Phan, Deputy City Manager
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Resolution Resolution
Attachment 2 - Resolution No. 5703-21 (Adopted January 12, 2021) Attachment Attachment 3 - Redlined Edits to Council Norms Attachment Attachment 4 - Baker Tilly Workshop Report Attachment
Power Point Attachment
City Council/RSA Agenda 162 Tuesday, March 14, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AMENDING RESOLUTION NO. 5703-21, THE PREVIOUSLY ADOPTED COUNCIL NORMS WHEREAS, during the City Council’s annual retreat on August 13, 2020, the City Council agreed to seven Council Norms and accordingly adopted Resolution No. 5703-21 on January 12, 2021 to help them to be most effective as a policy group and to set the tone for future City Councils; and
WHEREAS, it is the intent and desire of the City Council to conduct its business in an orderly and fair manner; and
WHEREAS, there are certain basic rights of due process and opportunity to address issues with equity, fairness and equal protection of the law; and WHEREAS, certain parliamentary procedures have been found to be useful in order to assure that the communication and process of government are fair, reasonable and just; and WHEREAS, the City has a duty to proceed with the business of government in an efficient and orderly fashion; and
WHEREAS, the City Council desires to establish uniform norms in order to accomplish these goals; and
WHEREAS, the City Council recognizes that these norms are guidelines intended to reflect common sense; and
WHEREAS, the City Council desires to conduct itself consistent with these norms during City Council meetings, at public events, on social media, and in other similar venues; and WHEREAS, the City Council held a Special Meeting on February 16, 2023 to discuss governance, where it reviewed the previously adopted norms and affirmed its existing applicability; and
WHEREAS, the City Council also indicated its desire for additional language related to citywide governance in light of the City’s transition to election by districts and the amendments set forth incorporate such language.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the amendments to the Council Norms and agree to comply with the following:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of City Council/RSA Agenda 163 Tuesday, March 14, 2023
Resolution No. XXXX-23

self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff.

3. We recognize that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council’s direction.

6. We will be prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at meetings.

7. We do not criticize City staff publicly or to others and will refrain from directing them. Instead, we will take our concerns and questions privately to the City Manager.

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10. We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when actions of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

City Council/RSA Agenda 164 Tuesday, March 14, 2023
Resolution No. XXXX-23

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
____________________ _____________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 165 Tuesday, March 14, 2023
RESOLUTION NO. 5703-21

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

ADOPTING COUNCIL NORMS
WHEREAS, during the City Council’s retreat on August 13, 2020, the City Council agreed to seven Council Norms to help them to be most effective as a policy group and to set the tone for future City Councils; and,
WHEREAS, it is the intent and desire of the City Council to conduct its business in an orderly and fair manner; and,
WHEREAS, there are certain basic rights of due process and opportunity to address issues with equity, fairness and equal protection of the law; and, WHEREAS, certain parliamentary procedures have been found to be useful in order to assure that the communication and process of government are fair, reasonable and just; and,
WHEREAS, the City has a duty to proceed with the business of government in an efficient and orderly fashion; and,
WHEREAS, the City Council desires to establish uniform norms in order to accomplish these goals; and,
WHEREAS, the City Council recognizes that these norms are guidelines intended to reflect common sense; and,
WHEREAS, the City Council desires to conduct itself consistent with these norms during City Council meetings, at public events, on social media, and in other similar venues.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City comply with the following norms:
1) We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics. 2) We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff. 3) We keep confidential matters confidential.
4) We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

City Council/RSA Agenda 166 Tuesday, March 14, 2023
Resolution No. 5703-21

5) We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. Once a decision is made, all members of the City Council must respect the Council’s direction. 6) We are prepared for Council meetings and ask our questions of the City manager in advance so we can avoid surprising staff at our meetings. 7) We do not criticize staff to them or others. We take our concerns to the City Manager.

May these Council Norms be administered and enforced in the following manner:

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and met by the Council, and that the public can continue to have full confidence in the integrity of government.

2. The Mayor and the Council have the responsibility to intervene when actions of its members are in violation of Council Norms.

3. The City Council can review and revise the Council Norms as needed.

4. During City Council discussions, deliberations, and proceedings, the Mayor is designated with the primary responsibility to ensure that Councilmembers adhere to the Council Norms.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 12th day of January 2021, by the following vote:

AYES: Councilmembers Duncan, Patiño, Singh, Vice Mayor Gacoscos, Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
City Council/RSA Agenda 167 Tuesday, March 14, 2023
ATTACHMENT 3

REDLINED EDITS TO COUNCIL NORMS
(as Adopted via Resolution No. 5703-21, dated January 12, 2021) EXISTING NORMS:

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

2. We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff.

3. We keep confidential that matters of confidential nature are to be kept private and undisclosed.

4. We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the City Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the City Council. Once a decision is made, all members of the City Council must respect the City Council’s direction.

6. We will be are prepared for City Council meetings and ask our questions of the City Manager in advance so we can avoid surprising City staff at our meetings.

7. We do not criticize City staff to thempublicly or to others, and will refrain from directing them. Instead, Wwe will take our concerns and questions privately to the City Manager.

PROPOSED NORMS:

8. We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.

9. We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.

10.We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

City Council/RSA Agenda 168 Tuesday, March 14, 2023
March 2023
City of Union City
City Council Governance Discussion
Held February 16, 2023
City Council/RSA Agenda 169 Tuesday, March 14, 2023
City Council/RSA Agenda 170 Tuesday, March 14, 2023
City Council Governance Discussion
Table of Contents Baker Tilly
i
Table of Contents
Workshop Report...............................................................................................................................2 Workshop Overview.......................................................................................................................... 2 Welcome and Opening Comments.................................................................................................... 3 Icebreaker ......................................................................................................................................... 4 Effective Governance ........................................................................................................................ 5 Protocols Related to Elections by Districts........................................................................................ 5 Council Norms................................................................................................................................... 6 Wrap Up............................................................................................................................................ 7 City Council/RSA Agenda 171 Tuesday, March 14, 2023
City Council Governance Discussion
Workshop Report Baker Tilly
Workshop Report
The City of Union City held a City Council governance discussion on Thursday, February 16, 2023, from 5:00 p.m. to 7:30 p.m. at the Ruggieri Senior Center.

The workshop provided an opportunity for Councilmembers to discuss the transition to districts, follow up on the Council Norms adopted in 2021, and strengthen teamwork. This report contains a summary of the results of the retreat.

Special Advisor Magda Gonzalez with Baker Tilly facilitated the workshop.

Workshop Overview
Objectives
• Confirm or modify the Council’s norms for governing adopted in January 2021;
• Determine any changes in protocols as a result of the transition to election by districts; and
• Set the groundwork for effective teamwork as a new City Council.

Agenda
• Welcome and Call to Order by the Mayor
• Public Comments
• Comments from the City Manager
• Icebreaker Exercise
• Discussion of Effective Governance
• Review of Protocols Related to Election by Districts
City Council/RSA Agenda 172 Tuesday, March 14, 2023

• Discussion About Council Norms
• Wrap Up and Next Steps
Participants
Mayor and Council
Mayor
Carol Dutra-Vernaci
At-Large
Vice Mayor
Gary Singh
District 1
Councilmember
Jaime Patiño
District 2
Councilmember
Jeff Wang
District 3
Councilmember
Scott Sakakihara
District 4
Executive Staff
• City Manager Joan Malloy
• City Attorney Kris Kokotaylo
• Deputy City Manager Jennifer Phan
• Management Analyst Serenity Mlay
Welcome and Opening Comments
The workshop began with a welcome and call to order from Mayor Carol DutraVernaci. She invited members of the public to speak.

City Manager Joan Malloy then offered opening comments about why the workshop was important, and what she hoped the group would gain from the evening’s discussion. Joan explained that the focus for the evening was on City Council/RSA Agenda 173 Tuesday, March 14, 2023
City Council Governance Discussion
Workshop Report Management Partners
governance practices, governing with districts, and discussing roles and norms.

She emphasized that the City’s approach to working together, both within Council and with staff, determines how successful the City’s leaders are on behalf of the community.

The City Manager turned it over to Magda, who reviewed the workshop agenda, objectives, and ground rules for a successful session.

Workshop Ground Rules
At the start of the workshop, Magda suggested the following ground rules to help the group have a successful workshop:
• Listen to understand each other’s points of view;
• Seek consensus;
• Assume good intent; and
• Stay focused.

Bike Rack
Magda explained that items that were brought up but would not be discussed during the session would be added to a bike rack for future attention. The items that were added are listed below.
• District norms to be considered in the future. (These would be in a separate norms document or perhaps an amendment to the existing resolution.)
• Consider adding a copy of the norms at the end of every agenda or elsewhere for the public to see.

Icebreaker
Magda led the group in an icebreaker exercise to begin the workshop informally and learn more about each other. Each person was asked to share someone who inspired them in the past or who inspires them now, and to describe the attributes of that person. The themes that emerged from the icebreaker are summarized below.

The people who inspire us as leaders …
• Bring out the best in us;
• Are good examples and role models;
• Exhibit good ethics;
• Are people we can learn from; and
• Are people from the community or those we have a personal connection with.

City Council/RSA Agenda 174 Tuesday, March 14, 2023

Effective Governance Following the icebreaker exercise, Magda provided a refresher on best practices that make Councils work
well. She also reviewed the importance of effective
governance. She explained that successful Councils
share a unity of purpose; have clear roles and
responsibilities; nurture a positive governance culture; and have established norms, protocols, and policies.

The article, Attributes of Exceptional Councils, from the Institute for Local Government (ILG) was distributed and discussed. The six attributes of high-performing Councils are provided below.

Attributes of High-Performing Councils
 Have a sense of team; a partnership with the city manager to govern and manage the city
 Have clear roles and responsibilities that are understood and adhered  Honor the relationship with staff and each other
 Routinely conduct effective meetings
 Hold themselves and the city accountable
 Have members who practice continuous learning improvement Magda asked the group what resonated with them from the article. The following comments were offered:
• It is important that we do not criticize staff.
• We need to allow time for the City Manager to translate policies. • We should be prepared and ask questions in advance so there are no surprises.

Roles
Magda reviewed roles and responsibilities of the various City leaders. She emphasized the importance of recognizing that everyone has a different role to play and the distinctions must be respected. The group reviewed the roles of the Mayor, City Council, City Manager, and City Attorney.

Protocols Related to Elections by Districts
Following a brief stretch break, the group reconvened to review and discuss protocols related to the City’s transition to districts. The purpose was to discuss what will help Council and staff work most effectively now that there are Council districts. Magda began this discussion by posing some questions to the group. These questions helped establish a common understanding of each Together
Work
We
City Council/RSA Agenda 175 Tuesday, March 14, 2023
City Council Governance Discussion
Workshop Report Management Partners
other’s views and expectations about governance. The questions that were posed and the discussions that followed are provided in Table 1 below.

Table 1. Discussion on Elections by District
Discussion Question Comments
What is different with
districts?
• Nothing, because we represent the entire community
• We are now elected by district, not citywide
• Some people do not realize we have districts
• Some districts have election in off years
• There is some confusion/overlap between Council and school district boundaries
• There have been demographic changes
• There are different priorities within the districts
What is better about
having districts?
• We can focus more attention on a smaller area
• We can divide the workload
• The community knows Councilmembers better and Councilmembers know the community better
• It costs less money to run elections
• We are making the best of it
• More Council candidates, as it makes it more accessible to run for Council • Representation from all areas of the city
What concerns do you
have about districts?
• Need to educate the community about districts; now and into the future • Initial districts were established based on the 2010 Census; there has already been a change made on based on new 2020 Census data
• Not my district attitudes
• Conflict of district expectation versus citywide goals for growth and investment, and concerns
• Expectation of districts; we do not want to have district “kingdoms” • We want to avoid being district-centric
To conclude this portion of the workshop, Magda shared that some cities are adopting governance resolutions pertaining to governing with districts. She shared an example from the City of Santa Maria for the Council’s consideration.

Council Norms
The next segment of the workshop focused on the set of Council norms that were adopted in January 2021. The purpose of this discussion was to review the Council norms and what they mean for the day-to-day work of the City Council.

Magda pointed out that the adopted norms are based on the principles from the ILG article that the group reviewed and discussed together.

The seven adopted Council norms are listed below.

1. We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

City Council/RSA Agenda 176 Tuesday, March 14, 2023

2. We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff.

3. We keep confidential matters confidential.

4. We respect each other’s opinions and ensure that all voices are heard.

We do not criticize others for having a different point of view, and we agree to disagree respectfully.

5. We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. Once a decision is made, all members of the City Council must respect the Council’s direction.

6. We are prepared for Council meetings and ask our questions of the City Manager in advance so we can avoid surprising staff at our meetings.

7. We do not criticize staff to them or others. We take our concerns to the City Manager.

After reviewing the seven norms, Magda presented a list of other typical Council norms for the Council’s review and consideration. One of those norms related to district elections. The Council indicated that updating their norms to include information about districts would be helpful. They asked the City Manager to offer recommendations for their consideration and adoption at a future meeting.

Wrap Up
Follow Up Steps
Magda explained that Baker Tilly would prepare this report. She also noted that the City is updating its Strategic Plan this summer. The next steps are provided below.
• The City Manager will:
o Bring norms language that will include information about districts to the Council for their consideration and adoption. o Bring back a proposed resolution amending the adopted Council Norms
o Ensure language about districts and norms are readily accessible on the City’s website on pages related to district information. o Share norms publicly, such as at the end of the Council agenda, and will look at other options.

Reflections from Council
To conclude the workshop, Councilmembers and staff shared comments about what was useful in spending the time together in this session.

City Council/RSA Agenda 177 Tuesday, March 14, 2023
Item 7.a: Amending Resolution No. 5703-
21, the Previously Adopted Council Norms
March 14, 2023 City Council Regular Meeting
City Council/RSA Agenda 178 Tuesday, March 14, 2023
2 Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms Background• August 13, 2020, annual City Council retreat• January 13, 2021, City Council adopted Resolution No. 5703-21 establishing the seven agreed upon Council Norms.
• It is within the City Council’s authority to review and revise the Council Norms.

Expectations
for
professional
conduct
Serve as
Pathway to
Be Effective
as a Policy
Group
Set Tone for
Future City
Councils
Guide
Conduct of
City Business
in an Orderly
and Fair
Manner
Council
Norms
City Council/RSA Agenda 179 Tuesday, March 14, 2023
3 Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms Existing Council Norms
We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

We conduct ourselves in a professional manner, treat everyone with respect, and act with high integrity, always putting the interests of the City of Union City ahead of self-interests in accordance with our code of ethics.

We respect the Council-Manager form of government, and do not interfere with the City Manager’s role or any professional duties of City staff.

We keep confidential matters confidential.

We respect each other’s opinions and ensure that all voices are heard. We do not criticize others for having a different point of view, and we agree to disagree respectfully.

We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. Once a decision is made, all members of the City Council must respect the Council’s direction.

We understand that the Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. Once a decision is made, all members of the City Council must respect the Council’s direction.

We are prepared for Council meetings and ask our questions of the City manager in advance so we can avoid surprising staff at our meetings.

We do not criticize staff to them or others. We take our concerns to the City Manager.

City Council/RSA Agenda 180 Tuesday, March 14, 2023
4 Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms Governance Discussion - Purpose
• February 16, 2023, governance discussion was held as an opportunity to:
o Discuss governance as it relates to the City’s transition to election by districts;
o Determine whether any protocols should be changed vis-àvis its previously adopted Council Norms; ando Set the groundwork for effective teamwork moving forward.

City Council/RSA Agenda 181 Tuesday, March 14, 2023
5 Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms Governance Discussion – Next Steps Two action steps for City staff:

Proposed resolution amending the
adopted Council Norms to reflect district
elections
Ensure norms are readily accessible on the City’s website, at the end of the City Council agenda, and any other options
City Council/RSA Agenda 182 Tuesday, March 14, 2023
6 080910We will govern on an at-large basis, although elected by districts. We will maintain a citywide perspective and consider the needs and interests of the entire community.We will continue to allocate resources based on long-term strategic priorities and efforts, with consideration of citywide service levels and financial capacity.We understand customer service is the priority and each member of the City Council will help constituents regardless of the district in which they reside or from which a Councilmember themselves is elected.

Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms New proposed Norms
City Council/RSA Agenda 183 Tuesday, March 14, 2023
7 RecommendationStaff recommends that the City Council to adopt a resolutionamending Resolution No. 5703-21, the previously adoptedCouncil Norms.

Item 7.a:

Amending Resolution No. 5703-21, the Previously Adopted Council Norms City Council/RSA Agenda 184 Tuesday, March 14, 2023
Agenda Item
DATE: 3/14/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AWARDING A CONTRACT TO MV TRANSPORTATION, INC., FOR THE

OPERATION AND MAINTENANCE OF UNION CITY TRANSIT (FIXED-ROUTE, PARATRANSIT, MICROTRANSIT, AND WHEELCHAIR ACCESSIBLE VEHICLE SERVICES), WITHA BASE PERIOD AMOUNT NOT TO EXCEED $14,199,154, FUNDED WITH TRANSIT (5110) AND PARATRANSIT (5120) FUNDS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT IN A FORM APPROVED BY THE CITYATTORNEY
Staff recommends that the City Counciladopt a resolution awarding a contract to MV Transportation, Inc., for the operation and maintenance of Union City Transit (fixed-route, paratransit, microtransit, and wheelchair accessible vehicle services) with a base period amount not to exceed $14,199,154 funded with Transit (5110) and Paratransit (5120) funds and authorizing the City Manager to execute the contract in a form approved by the City Attorney.

STRATEGIC PLAN ALIGNMENT
GoalA: Foster fiscal health through disciplined long-term planning and cost control; Strategy: No specific strategy is applicable.

BACKGROUND
Union City Transit last went out for a competitive Request for Proposals (RFP) for an operations and maintenance contract in 2009. At that time, Union City Transit received only one response from the current contractor, MV Transportation, Inc. The base contract was two (2) years and ten (10) months with an option for a two (2) year extension. This contract has had eleven (11) amendments to it, several of them since 2020 when the COVID-19 pandemic prohibited the City from seeking a new, competitive contract. The current contract extension with MV Transportation, Inc., willexpire on March 31, 2023.

The RFP process began when the Federal Transit Administration (FTA) provided COVID-19 related transit relief in spring 2020. In order to use subsequent relief funds, a competitive procurement was required. Union City Transit issued the RFP on July 30, 2022.

DISCUSSION
Proposal Contents
Union City Transit issued an RFP for operating four (4) public transit services as outline below. Under the previous contract, the City only sought bids for the operation of two (2) public transit services, which included Fixed-Route service and Paratransit. The four (4) services for this new contract are:

1. Fixed-Route – Commonly known as Union City Transit - this service uses large buses that operate on a published schedule that connects with trains at the Union City BART Intermodal Station. This service operates daily except for select holidays.

2. Paratransit – Commonly known as Union City Paratransit - this is a demand-response service that uses small shuttle buses or large vans to provide wheelchair access. The service requires an application process to be certified for a disability and advanced reservations to ride. The service has two (2) forms:Americans with Disabilities Act (ADA) complementary service that operates in Union City only and City Council/RSA Agenda 185 Tuesday, March 14, 2023
Paratransit Plus that provides service to Union City residents who want to travel to select parts of Fremont, Newark, and Hayward. The ADA service operates the same hours as the fixed-route service, while Paratransit Plus operates limited hours Monday through Friday and the same hours as fixed-route on Saturday and Sunday.

3. Microtransit – Commonly known as Union City Flea – the service harkens back to the original name of Union City Transit in the 1970’s. The Flea is now an acronym for “Flexible, Local, Easy, Access.” The Flea uses large vans to provide an on-demand reservation service that operates within a defined geographic boundary. Reservations can be made through an online app or by calling a dispatcher.

The ride arrives within five (5) to fifteen (15) minutes, similar to Uber or Lyft.

4. Wheelchair Accessible Vehicle (WAV) – Commonly known as Ride-On Tri-City! and previously as Fremont Paratransit - this service uses small shuttle buses or large vans to provide wheelchair access transportation. The service requires an application process to be certified for a disability or meeting a minimum age requirement but is available as an advanced reservation or on-demand service using Uber and Lyft to supplement the traditional wheelchair accessible vehicles. The service is administered by the City of Fremont Human Services Department; it operates daily from mid-morning to mid-afternoon and does not operate on select holidays. Riders certified to ride Union City Paratransit are eligible to use select Ride-On Tri-City! services.

The Ride-On Tri-City! program has been added to the RFP because the City of Fremont’s contract for WAV service willexpire at the end of June 2023. Union City and Fremont have been considering shared services using Union City owned equipment to eliminate somewhat duplicative services between WAV and Paratransit Plus, reduce vehicle emissions, and leverage economies by using Union City equipment that would have a driver otherwise waiting for the next customer pickup.

Process
Union City Transit staff issued RFP 21-07 on Saturday, July 30, 2022, for a responsible and responsive contractor to operate Union City Transit’s four (4) services as described previously for a base of two (2) years with three (3) one (1) year options. RFP 21-07 was published to the City’s bid website, publicly advertised on TransitTalent.com (a transit industry website), and posted on both the California Transit Association and the California Association of Coordinated Transit websites. Notifications to parties who had indicated an interest in RFP 21-07 prior to its release were also notified by email with a link to the City’s bid website.

Union City Transit staff hosted an online pre-proposal meeting on Wednesday, August 10, 2022, at 10:00 a.m. Four (4) prospective bidders were in attendance (a fifth later indicated an interest). The meeting was recorded and posted on the City’s bid website.

Questions by interested proposers were due to Union City Transit staff by Wednesday, August 17, 2022, at 4:00 p.m. Staff received 226 questions and posted responses to the questions on the City’s bid website on Tuesday, September 6, 2022. The City also emailed responses to the prospective bidders that submitted the questions.

Proposals were due to Union City Transit staff by Tuesday, September 27, 2022, at 2:00 p.m.

Result of Process
By the deadline, Union City Transit received two (2) proposals from responsive and responsible proposers. The proposers are Medical Transportation Management, Inc., aka. MTM, and MV Transportation, Inc., aka. MV Transit.

Union City Transit followed the federal procurement requirements for use of FTA operating funds. As such, this procurement seeks a responsive and responsible bidder that provides the best value for the services that are offered instead of strictly selecting the lowest bid.

Bidders also need to certify compliance with federalclauses and are subject to review of their suspension or debarment status for federal contracts through the System for Award Management (SAM) or sam.gov.

Proposal Review
A review committee comprising of Union City Transit staff, City of Fremont staff, and City of Newark staff reviewed the two (2) proposals. All reviewers have an interest in the outcome of the RFP because the City of Fremont manages the Ride-On Tri-City! program for the cities of Fremont and Newark. A formal review process was conducted where each proposal was scored using the following point scale:

Criteria Points
Financial viability, firm experience, and corporate support 250 Qualification/experience of key personnel, thoughtful
leadership
250
Creative approach/integration and value added 100
Workforce development and retention 50
Service improvement/implementation plan 150
Reasonable cost 200
Retention of current employees (10% bonus) 100
City Council/RSA Agenda 186 Tuesday, March 14, 2023
TOTAL POSSIBLE POINTS 1,000*
*Does not include 10% bonus
The California Labor Code Section 1070 et seq. establishes a ten percent (10%) bidding preference for contractors who agree to retain, for a period of at least ninety (90) days, certain employees who provided essentially the same services as the current contractor. In this RFP, it is included as a 100-point bonus as shown above.

Each proposal received the following scores:

Criteria MTM MV
Financial viability, firm experience, and corporate support 207.59 236.61 Qualification/experience of key personnel, thoughtful
leadership
175.00 196.88
Creative approach/integration and value added 85.12 57.74 Workforce development and retention 31.94 32.64
Service improvement/implementation plan 100.00 168.75
Reasonable cost 156.25 106.25
Retention of current employees (10% bonus) 100.00 100.00 TOTAL POINTS 855.90 898.87
Pricing
Union City Transit issued the RFP for proposers to calculate pricing according to calendar year (CY) from January 1 through December 31 instead of the traditional fiscal year (FY) from July 1 through June 30 to comply with a request from FTA to satisfy the potential administrative finding from the 2021 Triennial Review. Both MV Transportation and MTM complied with this requirement.

With MV Transportation’s overall proposal scoring higher than that of MTM’s, Union City Transit began negotiations with MV Transportation staff regarding some of the elements in the proposaland requested a best and final offer (BAFO). MV Transportation did submit a BAFO that has been adjusted to align with the City’s two (2)-year biennial budget and to reflect the contract extension through March 31, 2023.

Two-Year Operating Budget
Cycle
FY2022/23
Budget (April
- June 2023)
Two-Year Budget
FY2023/24 and FY2024/25
Two-Year Budget
FY2025/26 and FY2026/27
FY2027/28
Budget
(July - Dec
2027)
Contract Years Year 1 (3
Mos.)
Year 1 (6 Mos.)
Year 2 (6 Mos.)
Year 2 (6 Mos.)
Year 3 (6 Mos.)
Year 3 (6
Mos.)
Year 4 (6
Mos.)
Year 4 (6
Mos.)
Year 5 (6
Mos.)
Year 5 (6
Mos.)
FY2022/23 FY2023/24 FY2024/25 FY2025/26 FY2026/27 FY2027/28 Fixed-Route – Union City Transit
Hours 12,350 49,399 49,399 49,399 49,399 24,699
Monthly Fixed Fee $190,153.29 $182,315.39 $176,655.05 $181,476.40 $187,652.12 $191,184.06 Variable (Hourly) Rate
$59.74 $61.40 $64.28 $67.16 $70.54 $72.25
Est. Monthly Variable Total
$245,924.30 $252,772.57 $264,610.45 $276,464.34 $290,366.63 $297,404.64 Est. Monthly Combined Total
$436,077.60 $435,087.96 $441,265.50 $457,940.74 $478,018.75 $488,588.70 Est. Service Annual Total
$1,308,232.79 $5,221,055.54 $5,295,186.01 $5,495,288.89 $5,736,225.06 $2,931,532.21 Paratransit – Union CityADA Paratransit & Paratransit Plus Hours 2,918 13,337 15,000 15,000 15,000 7,500
Monthly Fixed Fee $41,779.25 $45,402.99 $49,685.00 $51,082.05 $52,812.99 $53,805.16 Variable (Hourly) Rate
$52.34 $53.09 $55.20 $58.02 $60.97 $62.47
Est. Monthly Variable Total
$50,912.97 $59,001.66 $68,995.89 $72,520.41 $76,217.59 $78,087.96 Est. Monthly Combined Total
$92,692.22 $104,404.65 $118,680.89 $123,602.46 $129,030.58 $131,893.12 City Council/RSA Agenda 187 Tuesday, March 14, 2023
Est. Service Annual Total
$278,076.67 $1,252,855.74 $1,424,170.69 $1,483,229.49 $1,548,366.99 $791,358.71 Microtransit – Union City Flea
Hours 1,248 5,707 6,424 6,424 6,424 3,212
Monthly Fixed Fee $24,271.84 $26,356.70 $28,824.12 $29,635.84 $30,640.69 $31,216.38 Variable (Hourly) Rate
$73.50 $73.87 $76.10 $79.97 $84.02 $86.08
Est. Monthly Variable Total
$30,562.39 $35,129.48 $40,738.38 $42,809.03 $44,980.87 $46,079.74 Est. Monthly Combined Total
$54,834.23 $61,486.18 $69,562.50 $72,444.87 $75,621.57 $77,296.12 Est. Service Annual Total
$164,502.70 $737,834.17 $834,749.97 $869,338.45 $907,458.80 $463,776.72 Wheelchair Accessible Vehicle (WAV) – Ride-On Tri-City! Hours 1,859 7,436 7,436 7,436 7,436 3,718
Variable (Hourly) Rate
$97.77 $97.36 $98.49 $102.57 $107.06 $109.43
Est. Monthly Variable Total
$60,584.00 $60,330.07 $61,030.97 $63,556.11 $66,341.51 $67,810.12 Est. Service Annual Total
$181,751.99 $723,960.84 $732,371.64 $762,673.34 $796,098.16 $406,860.74 Start Up Costs
$260,305.00 $0 $0 $0 $0 $0
FY2022/23 FY2023/24 FY2024/25 FY2025/26 FY2026/27 FY2026/27

GRAND ANNUAL TOTAL
$2,192,869.15 $7,935,706.29 $8,286,478.31 $8,610,530.17 $8,988,149.01 $4,593,528.39 The costs are more than what Union City Transit has been paying for services through MV Transportation in the past. The costs will go towards additional management staff (i.e., Paratransit and WAV Operations Manager, Paratransit Coordinator), increased competitive wages for acquisition and retention of service delivery staff (i.e., drivers, mechanics, dispatchers, road supervisors, utility), the inflated cost of commodities in the current marketplace, and technology upgrades for operations and maintenance. MV Transportation's proposal includes $260,305 in startup costs to onboard new management, train any new staff, and purchase new equipment.

Funding
Union City Transit has secured funding as follows for the base one (1) year and nine (9) months:
· FTA CARES
· FTA Coronavirus Response and Relief SupplementalAppropriations Act (CRRSAA) · FTA American Rescue Plan Act (ARPA)
· FTA Section 5307 ADA Set-Aside Operating
· California Transportation Development Act (TDA)
· California State Transit Assistance (STA)
· Low Carbon Transit Operations Program (LCTOP)
· Alameda County Measure BB
Two-Year
Operating
Budget Cycle
FY22/23
Budget (April -
June 2023)
Two-Year Budget
FY23/24 and FY24/25
Contract
Years
Year 1 (3
Mos.)
Year 1 (6 Mos.)
Year 2 (6 Mos.)
Year 2 (6 Mos.)
Year 3 (6 Mos.)
FY22/23 FY23/24 FY24/25
Funding Source
FTA CARES $39,694 $0 $0
FTS
CRRSAA
$0 $514,277 $0
FTA ARPA $0 $797,763 $0
City Council/RSA Agenda 188 Tuesday, March 14, 2023

FTA ADA
Set-Aside
$0 $874,719 $391,048
TDA $1,276,313 $2,148,744 $4,221,845
STA $287,261 $1,231,349 $1,276,213
LCTOP $0 $214,893 $215,000
Measure BB
(Union City)
$342,849 $1,430,000 $1,450,000
Measure BB
(Fremont)
$181,752 $723,961 $732,372
Fares $65,000 $275,000 $290,000
GRAND
TOTAL
$2,192,869 $8,210,706 $8,576,478
The funds are shown aligned with the fiscal year to provide a complete funding picture in the next two (2) year budget cycle.

MV Transportation will be submitting invoices to the City of Fremont Ride-On Tri-City! program project manager for review and payment separately instead of submitting to Union City staff.

Union City Transit’s primary source of funding for operating and capital is through TDA. Transit operators throughout the San Francisco Bay Area also rely on this source of funding to provide service. The Metropolitan Transportation Commission (MTC) is aware that increased costs for service delivery whether direct or by contractor are eroding the budgets of transit operators without new income sources and are working on ways to keep transit operators from ceasing operation. Union City Transit will be able to provide service with its available funds but willcontinue to seek additional operating dollars so that it can continue to make the necessary capital investments in the future of the service.

FISCAL IMPACT
The base contract period of one (1) year and nine (9) months will be funded with $14,199,154 from Account Numbers 5110-3141-34002- 54114 (Transit Fund – Transit – Transit Operating – Purchased Transportation), 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operating – Purchased Transportation), 5110-3141-34042-54114 (Transit Fund – Transit – Microtransit Operating – Purchased Transportation), 5120-3141-34062-54114 (Transit Fund – Transit – Wheelchair Accessible Vehicle (WAV) Operating – Purchased Transportation) using funds from the FTA, the State of California, and Alameda County. The Adopted Budget for Transit Purchased Transportation Funds includes $4,011,114 and Paratransit Purchased Transportation Funds includes $1,202,763 in FY 2022-2023. Transit staff had not expected the increase in operating costs to be this much when developing the previous two (2)-year budget but has sufficient funds through its multiple funding sources. There will be no impact on the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution awarding a contract to MV Transportation, Inc., for the operation and maintenance of Union City Transit (fixed-route, paratransit, microtransit, and wheelchair accessible vehicle services) with a base period amount not to exceed $14,199,154 funded with Transit (5110) and Paratransit (5120) funds and authorizing the City Manager to execute the contract in a form approved by the City Attorney.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Steve Adams, Transit Manager
ATTACHMENTS:

Description Type
Resolution - MVTransportation, Inc Resolution
Exhibit A - Draft Contract Exhibit
Exhibit B- MVTransportation Proposal Exhibit
Exhibit C- MVTransportation Best and Final Offer (BAFO) Exhibit City Council/RSA Agenda 189 Tuesday, March 14, 2023
Power Point Attachment
City Council/RSA Agenda 190 Tuesday, March 14, 2023
RESOLUTION NO. XXXX-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AWARDING A CONTRACT TO MV TRANSPORTATION, INC., FOR THE OPERATION AND

MAINTENANCE OF UNION CITY TRANSIT (FIXED-ROUTE, PARATRANSIT,

MICROTRANSIT, AND WHEELCHAIR ACCESSIBLE VEHICLE SERVICES), WITH A BASE PERIOD AMOUNT NOT TO EXCEED $14,199,154, FUNDED WITH TRANSIT (5110) AND PARATRANSIT (5120) FUNDS, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT IN A FORM APPROVED BY THE CITY ATTORNEY WHEREAS, Union City Transit last went out to a competitive Request for Proposals (RFP) for an operations and maintenance contract in 2009; and WHEREAS, Union City Transit staff issued Request for Proposal (RFP) 21-07 on July 30, 2022, for a responsible and responsive contractor to operate Union City Transit’s four (4) services (fixed-route, paratransit, microtransit, and wheelchair accessible vehicle services); and WHEREAS, Union City Transit received two (2) proposals from responsive and responsible proposers Medical Transportation Management, Inc. (MTM) and MV Transportation, Inc. (MV Transportation) seeking to provide the four (4) Union City Transit services identified in RFP 21-07 by the September 27, 2022, 2:00 p.m. deadline; and WHEREAS, a review committee considered the two (2) proposals and MV Transit scored higher; and
WHEREAS, Union City Transit requested a best and final offer (BAFO) from MV Transportation; and
WHEREAS, MV Transportation’s proposed pricing from April 1, 2023 through December 31, 2027, including a 21 month base period and three, one year options, as follows:

Two-Year Operating
Budget Cycle
FY 2022/23
Budget (April
- June 2023)
Two-Year Budget
FY 2023/24 and FY 2024/25
Two-Year Budget
FY 2025/26 and FY 2026/27
FY 2027/28
Budget
(July - Dec 2027)
Contract Years Year 1 (3 Mos.)
Year 1 (6 Mos.)
Year 2 (6 Mos.)
Year 2 (6 Mos.)
Year 3 (6 Mos.)
Year 3 (6 Mos.)
Year 4 (6 Mos.)
Year 4 (6 Mos.)
Year 5 (6 Mos.)
Year 5 (6 Mos.)
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2027/28 Fixed-Route – Union City Transit
Hours 12,350 49,399 49,399 49,399 49,399 24,699
Monthly Fixed Fee $190,153.29 $182,315.39 $176,655.05 $181,476.40 $187,652.12 $191,184.06 Variable (Hourly)
Rate $59.74 $61.40 $64.28 $67.16 $70.54 $72.25
Est. Monthly
Variable Total $245,924.30 $252,772.57 $264,610.45 $276,464.34 $290,366.63 $297,404.64 Est. Monthly
Combined Total $436,077.60 $435,087.96 $441,265.50 $457,940.74 $478,018.75 $488,588.70 City Council/RSA Agenda 191 Tuesday, March 14, 2023
Resolution No. XXXX-23

Est. Service Annual
Total $1,308,232.79 $5,221,055.54 $5,295,186.01 $5,495,288.89 $5,736,225.06 $2,931,532.21 Paratransit – Union City ADA Paratransit & Paratransit Plus Hours 2,918 13,337 15,000 15,000 15,000 7,500
Monthly Fixed Fee $41,779.25 $45,402.99 $49,685.00 $51,082.05 $52,812.99 $53,805.16 Variable (Hourly)
Rate $52.34 $53.09 $55.20 $58.02 $60.97 $62.47
Est. Monthly
Variable Total $50,912.97 $59,001.66 $68,995.89 $72,520.41 $76,217.59 $78,087.96 Est. Monthly
Combined Total $92,692.22 $104,404.65 $118,680.89 $123,602.46 $129,030.58 $131,893.12 Est. Service Annual
Total $278,076.67 $1,252,855.74 $1,424,170.69 $1,483,229.49 $1,548,366.99 $791,358.71 Microtransit – Union City Flea
Hours 1,248 5,707 6,424 6,424 6,424 3,212
Monthly Fixed Fee $24,271.84 $26,356.70 $28,824.12 $29,635.84 $30,640.69 $31,216.38 Variable (Hourly)
Rate $73.50 $73.87 $76.10 $79.97 $84.02 $86.08
Est. Monthly
Variable Total $30,562.39 $35,129.48 $40,738.38 $42,809.03 $44,980.87 $46,079.74 Est. Monthly
Combined Total $54,834.23 $61,486.18 $69,562.50 $72,444.87 $75,621.57 $77,296.12 Est. Service Annual
Total $164,502.70 $737,834.17 $834,749.97 $869,338.45 $907,458.80 $463,776.72 Wheelchair Accessible Vehicle (WAV) – Ride-On Tri-City! Hours 1,859 7,436 7,436 7,436 7,436 3,718
Variable (Hourly)
Rate $97.77 $97.36 $98.49 $102.57 $107.06 $109.43
Est. Monthly
Variable Total $60,584.00 $60,330.07 $61,030.97 $63,556.11 $66,341.51 $67,810.12 Est. Service Annual
Total $181,751.99 $723,960.84 $732,371.64 $762,673.34 $796,098.16 $406,860.74 Start Up Costs
Total $260,305.00 $0 $0 $0 $0 $0
FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 FY 2026/27

GRAND ANNUAL
TOTAL $2,192,869.15 $7,935,706.29 $8,286,478.31 $8,610,530.17 $8,988,149.01 $4,593,528.39 ; and

WHEREAS,
Union City Transit has secured funding as follows for the base one (1) year and nine (9) months:

City Council/RSA Agenda 192 Tuesday, March 14, 2023
Resolution No. XXXX-23

 FTA CARES
 FTA Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA)  FTA American Rescue Plan Act (ARPA)
 FTA Section 5307 ADA Set-Aside Operating
 California Transportation Development Act (TDA)
 California State Transit Assistance (STA)
 Low Carbon Transit Operations Program (LCTOP)
 Alameda County Measure BB
Two-Year
Operating
Budget Cycle
FY 22/23 Budget
(April - June
2023)
Two-Year Budget
FY 23/24 and FY 24/25
Contract Years Year 1 (3 Mos.) Year 1 (6 Mos.)
Year 2 (6 Mos.)
Year 2 (6 Mos.)
Year 3 (6 Mos.)
FY 22/23 FY 23/24 FY 24/25
Funding Source
FTA
CARES
$39,694 $0 $0
FTS
CRRSAA
$0 $514,277 $0
FTA ARPA $0 $797,763 $0

FTA ADA
Set-Aside
$0 $874,719 $391,048
TDA $1,276,313 $2,148,744 $4,221,845
STA $287,261 $1,231,349 $1,276,213
LCTOP $0 $214,893 $215,000
Measure BB
(Union
City)
$342,849 $1,430,000 $1,450,000
Measure BB
(Fremont)
$181,752 $723,961 $732,372
Fares $65,000 $275,000 $290,000
GRAND
TOTAL
$2,192,869 $8,210,706 $8,576,478
; and
WHEREAS, City of Fremont will pay for the Ride-On Tri-City! WAV service from MV Transportation through their own funding source; and
WHEREAS, the base contract period of one (1) year and nine (9) months will be funded with $14,199,154 from Account Numbers 5110-3141-34002-54114 (Transit Fund – Transit – Transit Operating – Purchased Transportation), 5120-3141-34022-54114 (Paratransit Fund – Transit – Paratransit Operating – Purchased Transportation), 5110-3141-34042-54114 (Transit Fund – Transit – Microtransit Operating – Purchased Transportation), 5120-3141-34062-54114 City Council/RSA Agenda 193 Tuesday, March 14, 2023
Resolution No. XXXX-23

(Transit Fund – Transit – Wheelchair Accessible Vehicle (WAV) Operating – Purchased Transportation) using funds from the FTA, the State of California, and Alameda County. The Adopted Budget for Transit Purchased Transportation Funds includes $4,011,114 and Paratransit Purchased Transportation Funds includes $1,202,763 in FY 2022-2023. Transit staff had not expected the increase in operating costs to be this much when developing the previous two (2)- year budget but has sufficient funds through its multiple funding sources. There will be no impact on the General Fund.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby awards a contract with MV Transportation, Inc. for the operation and maintenance of Union City Transit (fixed-route, paratransit, microtransit, and wheelchair accessible vehicle services), for a base period amount not to exceed $14,199,154, funded with Transit (5110) and Paratransit (5120) funds, and authorizing the City Manager to execute the contract in a form approved by the City Attorney.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 14th day of March 2023, by the following vote:

City Council/RSA Agenda 194 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 1 of 15

AGREEMENT BETWEEN

THE CITY OF UNION CITY
AND
MV TRANSPORTATION, INC.

FOR THE OPERATION AND MAINTENANCE OF UNION CITY TRANSIT, CITY PROJECT NO. 21-07
This Agreement for the Operations and Maintenance of Union City Transit is made by and between the City of Union City, a municipal corporation, (“City”) and MV Transportation, Inc., a (corporation), with office located at 2711 N. Haskell Ave Suite 1500, LB-2 Dallas, TX 75204, (“Contractor”), (together referred to as the “Parties”) as of _April 1, 2023 (the “Effective Date”).

Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date to December 31, 2024, inclusive, with a mutual option to extend up to three (1) additional years starting January 1, 2025 and ending December 31, 2027. Contractor shall commence service operations on the Effective Date, and continue operations through December 31, 2024. Contractor shall complete the work described in Exhibit A, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. Contractor.

1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Contractor is engaged.

1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time is of the Essence. Time is of the essence. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Contractor’s obligations hereunder.

1.5 Federal Required Clauses. Because the services described in Exhibit A are funded with federal transit funds, Contractor is required to comply and hereby agrees to comply with the provisions of the Labor Code applicable by transit operators, as set forth in Exhibit C.

1.6 State and Local Requirements. Because the services described in Exhibit A are funded with state and local transit funds, Contractor is required to comply and hereby agrees to comply with the provisions of the Labor Code applicable by transit operators, as set forth in Exhibit D.

City Council/RSA Agenda 195 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 2 of 15 Section 2. COMPENSATION. City hereby agrees to pay Contractor in consideration for its services as described herein a total amount not to exceedContractor $2,278,585 during the remaining months of Year 1 (FY 2022/2023); $8,031,000 for Year 2 (FY 2023/2024) and $8,083,284 for Year 3 (FY 2024/2025) notwithstanding any contrary indications that may be contained in Contractor’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s cost proposal, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person.

Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Per Item 1.1, Terms of Service expiration date;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
City Council/RSA Agenda 196 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 3 of 15 • A description of the services provided for the billing period, including the total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder; • The Contractor’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Contractor on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct cost. In no event shall expenses be advanced by the City to the Contractor. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Contractor terminates this Agreement pursuant to Section 8, the City shall compensate the Contractor for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Contractor shall maintain adequate logs and timesheets to verify costs incurred to that date.

City Council/RSA Agenda 197 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 4 of 15

2.9 Authorization to Perform Services. The Contractor is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Agreement Administrator.

2.10. Business License. The Contractor is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Contractor applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, longdistance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS & BONDS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types, and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work for the City. Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to the City that such insurance is in effect. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.

4.1 Required Coverage. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising
Liability
$10,000,000 per occurrence;
Bodily Injury and Property
Damage
$20,000,000 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
City Council/RSA Agenda 198 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 5 of 15 Commercial General Liability
occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis.

B Commercial or Business
Automobile Liability
All owned vehicles hired or
leased vehicles, non-owned,
borrowed, and permissive uses.

Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$10,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage. Shall
include Uninsured Motorist
and Personal Injury Protection
with coverage limits as
required by law and Medical
Payments with coverage limits
of at least $5,000 per
occurrence
C Collision and Comprehensive
Insurance
For the actual cash value of
Union City Transit vehicles.

Such insurance shall contain
deductibles of not more than
five thousand dollars ($5,000).

The City shall be listed as the
Loss Payee.

D Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.

Contractor may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
City Council/RSA Agenda 199 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 6 of 15 work performed under this
Agreement.

D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$150,000 per claim.

4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers, and representatives.
c. For any claims related to this Agreement or the work hereunder, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

City Council/RSA Agenda 200 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 7 of 15 i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Contractor’s insurance by City shall not relieve or decrease the liability of Contractor hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. b. Deductibles and Self-Insured Retentions. Contractor shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e., limit that is eroded by the cost of defense). d. Waiver of Subrogation. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Contractor, its employees, agents, and subcontractors.

4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:

City Council/RSA Agenda 201 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 8 of 15 • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.

4.5 Performance Bond. Prior to commencing services under this Agreement Contractor shall submit a performance bond, payable to the City of Union City and guaranteed by the Contractor and a surety company licensed to do business as such in the State of California.

The performance bond shall be in a form approved by the City Attorney and shall be in the amount of $500,000 and which shall at all times be kept in full force and effect. The condition of such bond shall be that Contractor shall fully and faithfully perform all conditions and covenants of this Agreement or that the face amount of such bond shall be forfeited to the City of Union City. The bond may be a renewable one-year bond; and shall be renewed annually before its expiration date, provided, however that such bond must remain in full force and effect from and after the date City makes any demands for payment on the bond until the City releases such claim. Provision of such bond or its equivalent, approved by City, is a material covenant of the Agreement between City of Union City. City shall not approve any security which is not unconditionally payable to City upon City’s demand.

Section 5. INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES.

Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.

City Council/RSA Agenda 202 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 9 of 15 Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Contractor and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor City Council/RSA Agenda 203 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 10 of 15 represents and warrants to City that Contractor and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract approved by the Agreement Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. ContractorContractorContractorContractorContractorContractor A. Termination for Convenience. When it is in the City’s best interest, the City reserves the right to terminate this Agreement, in whole or in part, at any time by providing a TEN (10) DAY WRITTEN NOTICE to the Contractor. The Contractor shall be paid its costs, including contract closeout costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs.

B. Termination for Default. If the Contractor fails to perform in the manner called for in the Agreement, or if the Contractor fails to comply with any other provisions of the Agreement, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractorsetting forth the way in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the Awarding Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Awarding Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

3. Mutual Termination. The Agreement may be terminated if the City and the Contractor agree that its continuation would not produce beneficial results commensurate with the further expenditure of funds or if there are inadequate funds to provide the services.

City Council/RSA Agenda 204 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 11 of 15

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor. Contractor may not assign this Agreement or any interest therein without the prior written approval of the Agreement Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Agreement Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;

8.6.3 Retain a different Contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Contractor hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both parties.

City Council/RSA Agenda 205 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 12 of 15

9.2 Contractor’s Books and Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written studies, and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

City Council/RSA Agenda 206 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 13 of 15 Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous twelve months, Contractor warrants that it did not participate in any manner in the forming of this Agreement.

Contractor understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor. Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Agreement Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Steve Adams, Transit Manager ("Agreement Administrator").

All correspondence, meeting documentation, invoices and project deliverables shall be directed to or through the Agreement Administrator.

Steve Adams, Union City Transit Manager
Public Works Maintenance Facility
34650 Seventh Street
Union City, CA 94587
[email protected]

10.10 Notices. Any written notice to Contractor shall be sent to:

Kevin A. Klika, President and COO
MV Transportation, Inc.
2711 N. Haskell Avenue. Suite 1500, LB-2
Dallas, TX 75204
Email
All other written notices to City shall be sent to:

Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.

Union City, CA 94587 Union City, CA 94587

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of City Council/RSA Agenda 207 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 14 of 15 construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement and Exhibits A, B, C, and D, attached hereto and incorporated herein, represent the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Cost Proposal, Hourly Rates Schedule, and Reimbursable Expenses Exhibit C Federal Required Clauses
Exhibit D State and Local Requirements
In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibits, the Exhibits shall prevail.

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 208 Tuesday, March 14, 2023
Agreement between
City of Union City and MV Transportation, Inc. Page 15 of 15 The Parties have executed this Agreement as of the Effective Date.

CITY OF UNION CITY MV TRANSPORTATION, INC.
_______________________________ ______________________________ JOAN MALLOY, CITY MANAGER KEVIN A. KLIKA
President and Chief Operations Officer
ATTEST:
______________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
_________________________________
KRISTOPHER J. KOKOTAYLO

CITY ATTORNEY
5311356.1
Version 3.2.21
City Council/RSA Agenda 209 Tuesday, March 14, 2023