Union City City Council
April 25, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, April 25, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

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. Presentation from the League of California Cities on the Taxpayer Protection and Government Accountability Act
(California Business Roundtable Initiative)

3.b. Proclamation Recognizing Arts, Culture and Creativity Month, April 2023

4. ORAL COMMUNICATIONS
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, lower the time limit to less than three minutes based on the number of City Council/RSA Agenda 1 Tuesday, April 25, 2023
speakers and/or business to be conducted by the City Council.

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

4.a. Public Comment - Chin, Ping

4.b. Public Comment - Lin, HJ

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 Meetings Held On April 11, 2023

5.c. Adopt A Resolution Approving A Letter In Opposition Of Initiative No. 21-004A1, The Taxpayer Protection And
Government Accountability Act

5.d. Adopt A Resolution Authorizing Union City Transit To Operate The Microtransit Program (Flea) In Its Current Form Beyond The Pilot Period Ending March 31, 2023, Extending The
Program Through September 1, 2023

5.e. Adopt A Resolution Authorizing The City Manager Or Their Designee To Submit The Required Funding Application And To Execute The Certifications, Assurances, And Authorized Agent Forms For The Low-Carbon Transit Operations Program
(LCTOP) Project, Union City Flea Microtransit Expansion Of Service, In The Amount Of $214,893, And To Place The Award In The Transit Fund (5110)

5.f. Adopt A Resolution Approving Amendments To The City's Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.g. Adopt A Resolution Authorizing The City Manager To Sign A California Railroad-Highway Grade Crossing Program California Public Utilities Commission (CPUC) Project Initiation Document To Fund $2,190,400 With $600,000 Identified For The City's Scope Of Work And $1,590,400 Identified For Union Pacific Railroad Scope Of Work To Improve The H Street Railroad Crossing At The Niles Subdivision, City Project No. 23-05 City Council/RSA Agenda 2 Tuesday, April 25, 2023

5.h. Adopt A Resolution Approving An Amendment To The
Employment Agreement With Retired Annuitant Mark Evanoff

6. PUBLIC HEARINGS

6.a. Public Hearing For Updates To The Station East Mixed Use / Residential Project (APNs 87-21-5-2, 87-21-13-1, 98-21-13-2, 87-23-10, 87-23-12, And 87-23-13-2) Sponsored By The
Station East Owner, LLC. Specific Actions Include: • Adoption Of A Resolution Adopting An Addendum To The Station East Mixed Use / Residential Project Environmental Impact Report (SCH 2020039032); • Introduction Of An Ordinance Of The City Council Of Union City Approving An Amendment To The Station East Mixed Use / Residential Project Development Agreement (ADA-23-001); • Adoption Of A Resolution
Approving An Amendment To The Station East Mixed Use /
Residential Project Tentative Tract Map 8251 (ATM 23-001); • Adoption Of A Resolution Approving Site Development Review For Planning Area 4 Within The Project Site (APN 0087-0022- 013-02 [Portion]) (SD-22-003); And • Adoption Of A Resolution Approving Site Development Review For Planning Area 9/10 Within The Project Site (APN 0087-0022-013-02 [Portion]) (SD-22-004).

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Approving The Issuance Of A Proposition 218 Notice And Scheduling A Public Hearing On The Proposed Increase Of Landfill, Compost, And Recycle Collection Service Rates For Fiscal Year 2023-2024

7.b. Receive The 2022 Union City Police Department Annual Report

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 City Council/RSA Agenda 3 Tuesday, April 25, 2023
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:

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:

City Council/RSA Agenda 4 Tuesday, April 25, 2023
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 5 Tuesday, April 25, 2023
Strengthening California Cities
through Advocacy and Education
California Business
Roundtable Measure
Union City Council Meeting, April 25, 2023
City Council/RSA Agenda 6 Tuesday, April 25, 2023
Cal Cities Campaigns
Total Budget
$47 Million
Cal Cities
Contribution
$1.2 Million
Total Budget
$5.9 Million
Cal Cities
Contribution
$3.5 Million
Total Budget
$12.5 Million
Cal Cities
Contribution
$5.7 Million
Total Budget
$12.5 Million
Cal Cities
Contribution
$4 Million
Total Budget
$9.3 Million
Cal Cities
Contribution
$3.5 Million
2018 2010 2008 2006 2004
Prop 6
Protect
Transportation Funds
Prop 22
Protect
Transportation &
Local Funds
Prop 98/99
Protect City Rent
Control and Land
Use
Prop 90
Protect City Land Use
Authority
Prop 1A
Protect Local
Revenues from State
Raids
City Council/RSA Agenda 7 Tuesday, April 25, 2023
Ingredients for successful ballot campaigns
• Organizational commitment to win
 Buy-in and involvement from Cal Cities Board and membership • Substantial funding
 Successful campaigns require tens of millions of dollars • Strong coalition partnerships
 Partners with conviction and resources to win Organizations trusted by voters • Active grassroots engagement of members• If ‘Yes’ campaign, well-designed measure  Strong voter-supported concept, minimize vulnerabilities • If ‘No’ campaign, highlight measure’s flaws
 Strong message discipline, raise doubt measure does not solve a problem City Council/RSA Agenda 8 Tuesday, April 25, 2023
2024 General Election
• Higher turnout expected (Presidential election year)
 2022: 11 million voters (51% turnout) 2024: 16.5-17.6 million voters expected (75-80% turnout) • Seven ballot measures already qualified
 Public housing projects Pandemic funding Employment lawsuits $18 minimum wage California Business Roundtable “Taxpayer Protection ”
 Referendum on oil setbacks Referendum on working standards for fast food workers • Additional measures likely to qualify
City Council/RSA Agenda 9 Tuesday, April 25, 2023
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Taxpayer Protection and Government Accountability Act = Big threat to cities • Significant threat to local control and decision making.• Calls for stricter rules for raising taxes, fees, and assessments that fund local government services.
• Disrupts fiscal certainty needed for reliable local service delivery by creating new mechanisms to challenge or repeal local revenue measures. • Puts at risk billions of dollars dedicated to funding local services. • Local measures adopted after Jan. 1, 2022, that do not comply with the new rules are void unless reenacted.

City Council/RSA Agenda 10 Tuesday, April 25, 2023
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Specific impacts to cities Overturns Upland decision Requires new voter approvals Requires a sunset on new or increased taxes Impacts city charter amendments Prohibits local advisory measures Changes cities’ ability to charge fees for products and services Prohibits fees associated with vehicle miles traveled as a condition of property development
 Jeopardizes authority to impose fines and penalties
City Council/RSA Agenda 11 Tuesday, April 25, 2023
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Who is the California Business Roundtable?
Members include:• Albertsons (Safeway)• Blackstone• Chevron• Eli Lilly and Company• Farmers Group Insurance • KB Homes• PepsiCo• UPS• Union Pacific Railroad• Wells Fargo The California Business Roundtable is an organization that advocates on behalf of the largest and wealthiest corporation in California.

Amount raised for 2024 ballot initiative: $15 million
City Council/RSA Agenda 12 Tuesday, April 25, 2023
Strengthening California Cities through Advocacy and Education @calcities @calcities @calcities.org Strategy update

1. Briefing legislators and the Governor’s Office.

2. Educating California Business Roundtable Board
members and donors on harms to local business communities.

3. Recruiting additional statewide and regional
coalition partners in opposition.

4. Ramping up CitiPAC fundraising. 5. Collecting city resolutions in opposition.

City Council/RSA Agenda 13 Tuesday, April 25, 2023
Strengthening California Cities
through Advocacy and Education @calcities @calcities @calcities.org THANK YOU!
City Council/RSA Agenda 14 Tuesday, April 25, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 15 Tuesday, April 25, 2023

CITY OF UNION CITY

PROCLAMATION

Proclamation Recognizing Arts, Culture and Creativity Month, April 2023 WHEREAS, Arts, Culture and Creativity Month of April is the 5th annual statewide celebration first established by the California legislature in 2019; and the City of Union City believes that arts, culture, and creativity are essential to our thriving community; and
WHEREAS, arts inspire discovery, lifelong learning, and joy; and

WHEREAS, culture creates connections, encourages understanding, and strengthens community; and

WHEREAS, creativity sparks innovation, growth, and positive change; and WHEREAS, the City of Union City Arts & Culture Commission, and the Alameda County Arts Commission that leads efforts to advance the arts through programs, partnerships, and the community-building initiatives such as Studio 11 and Art Showcases celebrating culture, creativity, and unity in the community; and WHEREAS, the City of Union City values partnering with the work of Alameda County Arts Commission and state-level arts organizations Californians for the Arts and Create CA; and

WHEREAS, this collective work at the local level and throughout the state encourages racial equity, uplifts our community, and changes our lives for the better; and

NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Union City does hereby proclaim April 2023 as Arts, Culture and Creativity Month, and encourages everyone to join in the celebration! DATED: April 11, 2023
____________________________________
CAROL DUTRA-VERNACI, Mayor
____________________________________
GARY SINGH, Council Member
____________________________________
JAIME PATINO, Council Member
____________________________________
JEFF WANG, Council Member
____________________________________
SCOTT SAKAKIHARA, Council Member
City Council/RSA Agenda 16 Tuesday, April 25, 2023
Agenda Item
ATTACHMENTS:

Description Type
Public Comment - Chin Attachment
City Council/RSA Agenda 17 Tuesday, April 25, 2023
4/25/23, 3:21 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 1/2 Public Comment for City Council Meeting 4/25/23
Ping Chin
Tue 4/25/2023 3:03 PM
To: City Clerk <[email protected]>
1 attachments (18 KB)
Pickleball_Overlay_UC_6_Courts.xlsx;
WARNING: External email. Please verify sender before opening attachments or clicking on links.

To: Mayor Carol Dutra-Vernaci
Vice Mayor Gary Singh
Council members Jaime Patino, Jeff Wang, Scott Sakakihara City Manager Joan Malloy
Recreation Manager Corina Hahn
On behalf of the Union City pickleball community, I ask the City Council to revisit Appendix B of the contract document for City Project No. 22-22 to renovate the Veterans Memorial Park’s tennis and basketball courts. Appendix B lays out pickleball lines on the tennis court that is unacceptable to both tennis and pickleball communities.

At the last city council meeting on April 11, we emphasized the immediate need for dedicated courts to accommodate the fastest growing sports of pickleball. The current proposal of putting striped lines on tennis courts is an obvious deficient design that was done in a vacuum without consulting with neither the tennis nor the pickleball communities. Dual purpose courts do not work well and likely result in battles between tennis and pickleball players. Pickleball community deserves its own dedicated courts.

We understand that the request for bid started in March and was to end on April 27th. A major work order change could delay the project. However, the pickleball community has come up with a proposal that would be a win-win situation for both the tennis and pickleball communities. The recommendation is as follows:

1. Remove all tennis posts and nets and resurface all 3 tennis areas (each tennis area contains 2 tennis courts)

2. Re-install 4 tennis courts in 2 tennis areas except the Eastern Court which is furthest from the neighborhood homes and minimizes paddle noise complaints.

3. On the Eastern Court, paint pickleball lines for 6 dedicated pickleball courts and install a fence partition per the attached layout designed by the pickleball community

4. Purchase six premier portable pickleball nets from either Douglas or C&D and install them on the pickleball courts. Use of portable nets for dedicated pickleball courts is a very common and cost effective practice. Additionally, not having posts drilled into the surface reduces the stress of the surface. Below are links to the 2 premier portable nets. https://douglas-sports.com/product/portable-pickleball-set https://bestpickleballnets.com/

5. Purchase sturdy windscreen around the exterior fence on the eastern court since pickleball is more susceptible to wind condition.

City Council/RSA Agenda 18 Tuesday, April 25, 2023
4/25/23, 3:21 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 2/2 Please note that items 1 and 2 would happen in the original bid. The only minor changes are in items 3 and 4 which could potentially save money. The net result provides 4 new tennis courts and 6 new pickleball courts for the community of both sports. And all players would be happy.

In summary, we ask the City Council to meet the needs of the pickleball community and adopt the proposed recommendation in the upcoming Project 22-22.

Regards,
Ping Chin
City Council/RSA Agenda 19 Tuesday, April 25, 2023
To: Tommy (Wai Chee) Cho
Re: Public Works Department Project No. 22-22
Tennis Court Convesion at Veterans Memorial Park Eastern Court Width: 110' Length: 120' <---------------------------------- 110ft-------------------------------------------> ^ ^ ^
| | |
8 8 8
| | |
| | |
<-------20'-------> <-------20'-------> <-------20'-------> 15' 15' 15'
<-13'-> <-12'-> <-12'-> <-13'->
7' 7' 7'
pickleball pickleball pickleball
net net net
7' 7' 7'
T T
A 15' 15' 15' A
L L
L L
<-------20'-------> <-------20'-------> <-------20'-------> ^ ^
| |
8 8
F | | F
E | S H O R T F E N C E S H O R T F E N C E | E
N ^ ^ N
C | | C
E 8 8 E
| |
| |
<-------20'-------> <-------20'-------> <-------20'-------> 15' 15'
<-13'-> <-12'-> <-12'-> <-13'->
7' 7' 7'
pickleball pickleball pickleball
net net net
7' 7' 7'
15' 15' 15'
<-------20'-------> <-------20'-------> <-------20'-------> ^ ^
| |
8 8
| |
| |
City Council/RSA Agenda 20 Tuesday, April 25, 2023
Agenda Item
ATTACHMENTS:

Description Type
Public Comment - Lin Attachment
City Council/RSA Agenda 21 Tuesday, April 25, 2023
4/25/23, 3:45 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 1/2 PUBLIC COMMENT - TO BE READ April 25, 2023 Regarding Project 22-22 Renovation of Veterans Memorial Park
dude
Tue 4/25/2023 3:42 PM
To: City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.

Recently, a small but sizable gathering of Pickleball players have started a petition through Change.org, with the intentions of contacting the City Council and the Planning Commission to make alterations to the existing plans for City Project 22-22. The project calls for the renovation of the tennis and basketball courts at Veterans Memorial Park, in which Pickleball players would like some of the tennis courts to be permanently converted for Pickleball use, and/or to allow shared use of tennis courts with Pickleball inlays included.

As a long-time Union City resident of over 30 years, I strongly oppose any changes or renovations that involve the removal or alteration of the existing tennis courts at Veterans Memorial Park. For one, Union City's park system only has a total of TEN public tennis courts - six lighted courts at Veterans Memorial and four unlighted courts at Arroyo Park serving a city of over 70,000 residents. That is not nearly enough tennis courts to serve the programming needed by Union City Leisure Services where kids instructions are offered year-round, in addition to the daily traffic of tennis players who frequent both Veterans Memorial and Arroyo Park especially on weekday and weekend mornings, where the usage is at its heaviest. The traffic continues into the afternoon on most weekends for organized tennis leagues such as USTA, all of which are major sources of revenue for Leisure Services. None of this would be possible if tennis courts are removed for Pickleball, where Pickleball player expect not only the removal of tennis courts, but demanding that they use public facilities completely free of charge. The city should not acquiesce to a group of individuals who are as selfish and self-absorbed as Pickleball players, with its player demographics composed of Baby Boomer retirees, living far too long beyond their life expectancy and draining public resources.

Moreover, the Change.org petition was started by a USA Pickleball ambassador named Tilly Yau, who is a Fremont resident with no ties to our community. She, along with her husband, Steven Nguyen, are the founders of a domestic non-profit called Fremont Pickleball League, in which they’ve organized recreational matches for local players by pocketing over $15,000 in unreported income over the course of a one-year period. These so-called Pickleball ambassadors are given incentives to go into nearby communities and disrupt the daily flows and routines of public park patrons in the name of promoting their sport. In reality, this is a financial scheme for the couple to amass unreported income at the expense of advocating destroying existing public facilities. It would be absolutely shameful to support such attacks on our city's facilities. Tennis is a top five global sport with one billion followers and the sport’s popularity is stronger than ever, especially post-COVID restrictions, and that remains to be true in Union City. It is a sport that gives leisure and relief to the blue-collar, working class residents of our community, a gathering place for young and aspiring tennagers with aspirations to play collegiate or professional tennis, and a place where parents feed balls to their young children to get started in the sport. It is an egalitarian sport that has sent children to college on scholarships, uplift others out of City Council/RSA Agenda 22 Tuesday, April 25, 2023
4/25/23, 3:45 PM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/inbox/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVp… 2/2 impoverished circumstances, and unify people of diverse backgrounds - none of which Pickleball has been able to achieve other than destroy and attack existing public resources. Tennis players in Union City have patiently waited over ten years for Veterans Memorial to see another renovation project, and anybody else looking to add their sport of choice should wait their turn or fundraise for their own facilities without encroaching on existing infrastructure.

For these reasons, please do not consider any development of Pickleball facilities and programming in Union City at the expense of well-established public facilities.

Signed,
H.J. Lin
City Council/RSA Agenda 23 Tuesday, April 25, 2023
Agenda Item
ATTACHMENTS:

Description Type
min04112023sp Attachment
min04112023 Attachment
City Council/RSA Agenda 24 Tuesday, April 25, 2023

MINUTES

CITY OF UNION CITY

CITY COUNCIL SPECIAL MEETING
Tuesday, April 11, 2023
6:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:00 p.m.

Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci

Absent: None

2. ORAL COMMUNICATIONS - comments limited to items on the Special Meeting Agenda

3. CLOSED SESSION

3.a. Conference With Labor Negotiators
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:

Lisa Achen, Interim Human Resources Director
Charles Flescher, IEDA Representative
For Unrepresented Employees:

Kristopher J. Kokotaylo, City Attorney
Employee organization:

Management Employees Group (MEG)
City Council/RSA Agenda 25 Tuesday, April 25, 2023
Professional Employees Group (PEG)
Service Employees International Union, Local 1021 (SEIU) Unrepresented employees:

Employees subject to the Compensation and Benefit Plan for Unrepresented Employees

3.b. Conference with Legal Counsel - Existing Litigation Gov. Code § 54956.9 (d)(1)
Name of Case: In re National Prescription Opiate Litigation, Northern District of Ohio (National opioid litigation involving Teva, Allergan, CVS,
Walgreens, and Walmart)
Case No. 1:17-MD-2804

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:40 p.m. with no reportable action.

Respectfully Submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 26 Tuesday, April 25, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
Tuesday, April 11, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587

1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 7:00 p.m.

1.a. Pledge of Allegiance - Mayor Dutra-Vernaci led the salute to the flag.

1.b. Roll Call

Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci

Absent: None

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Presentation of Certificates of Recognition To Recycling Poster Contest Winners
Sustainability Analyst II Uyen Mai provided UC Recycles updates to City Council and announced the 2023 Union City Recycling Poster Contest winners.

Mayor Dutra-Vernaci, Vice Mayor Singh, and Councilmembers Patiño, Sakakihara, Wang congratulated recipients, and Recycling and Solid Waste Manager Cliff Feldman distributed the Certificates of Recognition.

City Council/RSA Agenda 27 Tuesday, April 25, 2023

3.b. Proclamation Recognizing April as Fair Housing Month Mayor Dutra-Vernaci read the proclamation aloud. Proclamation accepted by representatives from the Bay East Association of Realtors: Board President Steve Medeiros and Members of the Local Government Relations Committee Bill Espinola and Natalie Swanson.

3.c. Proclamation Recognizing National Crime Victims' Rights Week, April 23 - 29, 2023
Mayor Dutra-Vernaci read the proclamation aloud. Proclamation accepted by representatives from the Alameda County District Attorney’s Office: Victim Advocates Ivy Odiamar and Hoda Avaz.

4. ORAL COMMUNICATIONS
Public comment provided by Michelle Silva.

Public comment provided by Wendy Huang.

Public comment provided by Fatima Khawaja.

Public comment and written communication provided by Gilberto Lucas.

Public comment provided by Victor Lopez.

Public comment and written communication provided by Ping Chin.

Public comment provided by Youth Commissioner Isha Singh.

Mayor Dutra-Vernaci provided comment and directed staff to determine the trajectory of the projects mentioned.

5. CONSENT CALENDAR
It was moved by Vice Mayor Singh and seconded by Councilmember Sakakihara to approve consent calendar items 5.a. to 5.m.

The motion was carried by a unanimous roll call vote.

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

5.b. Approve The Minutes Of The City Council Meetings Held On March 14, 2023

5.c. Adopted Resolution No. 6097-23 Authorizing The City Manager And City Clerk To Complete And Submit Cal OES Form 130
Designating The City Manager, Deputy City Manager, And Finance Director As Authorized Agents For The City Of Union City

5.d. Adopted Resolution No. 6098-23 Initiating Proceedings For The Levy And Collection Of Assessments For The City-Wide Landscape & Lighting District No. 3 For Fiscal Year 2023/24
City Council/RSA Agenda 28 Tuesday, April 25, 2023

5.e. Adopted Resolution No. 6099-23 Approving A Pre-Qualified OnCall List Of Consultants To Provide Professional Engineering Services In The Area Of Electrical Engineering Design, Landscape Architectural Design, And Traffic And Transportation Engineering Design

5.f. Adopted Resolution No. 6100-23 Authorizing The City Manager To Execute Amendment No. 3 To The Consulting Services Agreement With William R. Gray And Company, Inc., DBA Gray-Bowen-Scott, In The Amount Of $80,000, For Progress Reporting For
Transportation Projects, For A Total Contract Amount of Not To Exceed $544,000

5.g. Adopted Resolution No. 6101-23 Authorizing The City Manager To Execute The Second Amendment To The Consulting Services Agreement With PGA Design Inc., In The Amount Of $68,200, For Preparation Of The Landscape Plans To Be Included In The Union City Boulevard Bike Lanes Project, City Project No.17-29, For A Total Contract Amount Of $141,658

5.h. Adopted Resolution No. 6102-23 Vacating Approximately 335 Square Feet Of Unnecessary Public Right-Of-Way Located
Adjacent To 379 Appian Way And Authorizing Its Sale To Najib Magee For $6,700

5.i. Adopted Resolution No. 6103-23 Receiving And Accepting The Audited Financial Statements For The Fiscal Year Ended June 30, 2021

5.j. Adopted Resolution No. 6104-23 Adopting A Side Letter Between The City Of Union City And The Professional Employees’ Group To Create The Position Of Economic Development Coordinator, And Approving An Amendment To The City’s Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.k. Adopted Resolution No. 6105-23 Approving And Authorizing The City Manager To Execute A Side Letter Agreement Between The City Of Union City And The Service Employees’ International Union (SEIU), Local 1021, And Approving Amendments To The City's Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5

5.l. Adopted Resolution No. 6106-23 Approving An Amendment To The Classification And Compensation Plan To Create The
Classification Of Youth Services Specialist, To Assign A Salary Range To The Youth Service Specialist Classification And To Abolish The Lead Outreach Worker Classification, All In Conformance With California Code Of Regulations, Title 2, Section 570.5; To Reclassify The Lead Outreach Worker To A Youth Services Specialist; And To Approve A Side Letter Between The City Of Union City And The Service Employees’ International Union (SEIU), Local 1021, Regarding The Actions Listed Above

5.m. Accepted Update From The Sales Tax & Utility Users' Tax Committee
City Council/RSA Agenda 29 Tuesday, April 25, 2023

6. PUBLIC HEARINGS – None

7. CITY MANAGER REPORTS
Mayor Dutra-Vernaci moved Section 7. City Manager Reports to after Section 13. Good of the Order.

Mayor Dutra-Vernaci took the City Manager Reports in the following order:

7.a., 7.c., 7.b.

7.a. Study Session For Draft Amendments To Title 18, Zoning, Of The Union City Municipal Code To Update Chapter 18.40, Industrial Districts, Chapter 18.76 Site Development Review And Add Chapter

18.43 Use Of Hazardous Materials (AT-23003)
Associate Planner Brandon DeLucas presented the staff report and responded to questions from Council.

7.b. Study Session For Draft Amendments To Title 18, Zoning Of The Union City Municipal Code To Add Chapter 18.XX Mixed-Use Employment (EMU) District (AT-23-002) And Rezone Properties Identified In The General Plan As Mixed-Use Employment (A-23- 001)
Mayor Dutra-Vernaci recused herself from Item 7.b. due to an economic conflict of interest and real property interest within proximity of one of the areas being considered for a zoning amendment.

Mayor Dutra-Vernaci exited the chambers at 9:37 p.m.

Associate Planner Brandon DeLucas presented the staff report and responded to questions from Council.

7.c. Accept the 2020-2022 General Plan APR and the 2022 Housing Element APR Update
Economic & Community Development Director Carmela Campbell and Associate Planner Natalie Dean presented the staff report and responded to questions from Council.

It was moved by Vice Mayor Singh and seconded by
Councilmember Patiño to Accept the 2020-2022 General Plan APR and the 2022 Housing Element APR Update.

The motion was carried by a unanimous roll call vote.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None
City Council/RSA Agenda 30 Tuesday, April 25, 2023

12. ITEMS REFERRED BY COUNCIL
Councilmember Wang reported on his attendance of the following meetings:
- Economic Development Advisory Team (EDAT) meeting
- StopWaste Programs and Administration Committee meeting Vice Mayor Singh reported on his attendance of the following meetings:
- Human Relations Commission meeting
- League of California Cities, East Bay Division (LOCC) meeting - Alameda County Library Advisory Commission meeting
Councilmember Sakakihara reported on his attendance of the following meetings:
- League of California Cities, East Bay Division (LOCC) meeting - LOCC Revenue and Taxation Policy Committee
- LOCC Legislative Briefing
Councilmember Patiño reported on his attendance of the following meetings:
- LOCC Legislative Briefing
- LOCC Fentanyl Awareness Roundtable Discussion
- LOCC Governance, Transparency, and Labor Relations meting - East Bay Community Energy (EBCE) Board meetings
Mayor Dutra-Vernaci reported on her attendance of the Metropolitan Transportation Commission (MTC) Legislative meeting in Washington, D.C.

13. GOOD OF THE ORDER
Councilmember Wang reported on his attendance at the Union City Police Department (UCPD) Coffee with Cops event and National League of Cities (NLC) Annual Congressional City Conference in Washington, D.C.

Vice Mayor Singh reported on his attendance at the Flag Retirement Ceremony at St. James Church.

Councilmember Sakakihara reported on his attendance at the March for Meals event with Spectrum Community Services at the Senior Center and California Public Utilities Commission (CPUC) quarterly seminar.

Councilmember Patiño reported on his attendance at the UCPD Coffee with Cops event, National League of Cities (NLC) Annual Congressional City Conference in Washington, D.C., NLC Community and Economic Development Committee, and NLC Hispanic Elected Local Officials (HELO) meetings.

City Council/RSA Agenda 31 Tuesday, April 25, 2023
Councilmember Patiño stated he referred the NLC Service Line Home Warranty Program and NLC Prescription Discount program to City Manager Joan Malloy and Deputy City Manager Jennifer Phan.

City Manager Malloy confirmed the referral and stated City Council authorization will be required for the NLC Service Line Home Warranty Program and NLC Prescription Discount programs to use the City of Union City logo on its materials.

Councilmember Patiño requested two Councilmembers be assigned to EDAT to assist with historical context.

14. CLOSED SESSION - None

15. ADJOURNMENT
Vice Mayor Singh adjourned the meeting at 10:10 p.m.

Respectfully Submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 32 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING A LETTER IN OPPOSITION OF INITIATIVE NO. 21-004A1, THE TAXPAYER PROTECTION AND

GOVERNMENT ACCOUNTABILITYACT
Staff recommends that the City Counciladopt a resolution approving a letter in opposition of Initiative No. 21- 004A1, the Taxpayer Protection and Government Accountability Act.

The Taxpayer Protection and Government Accountability Act, a statewide initiative measure to amend the California Constitution sponsored by the California Business Roundtable, is a proposal that would limit the ability of state and local governments to enact, modify, or expand taxes, assessments, fees, and propertyrelated charges, among other things.

The initiative may jeopardize local and state services, negatively impacting core public services for the City of Union City’s operations, service delivery, and severely limiting future revenue opportunities for infrastructure improvements, public safety needs, social services, and more.

STRATEGIC PLAN ALIGNMENT
This initiative would directly threaten the City's ability to reach and maintain fiscal sustainability, which is a City Council priority under GoalA: Financial Stability and Sustainability.

BACKGROUND
On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On February 1, 2023, the measure officially qualified for the November 2024 ballot.

The League of California Cities (otherwise known as Cal Cities), along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this City Council/RSA Agenda 33 Tuesday, April 25, 2023
initiative.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The full text of ballot initiative can be read online. However, the following major provisions are worth noting:

Fees and Charges:

Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.

Prohibits fees on new development based on vehicle miles traveled (VMT).

Taxes:

Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted.

Invalidates Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.

Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.

Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) New taxes can only be imposed for a specific time period.

City charters may not be amended to include a tax or fee.

All state taxes require majority voter approval.

Fines and Penalties:

May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

DISCUSSION
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services. Major examples of affected fees and charges are:

City Council/RSA Agenda 34 Tuesday, April 25, 2023
Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

Commercial franchise fees.

Emergency response fees, such as in connection with DUI.

Advanced Life Support (ALS) transport charges.

Document processing and duplication fees.

Transit fees, tolls, parking fees, and public airport and harbor use fees.

Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including City Council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is resubmitted for voter approval. Fortunately, Union City's Utility Users' Tax that was adopted by the voters in 2022 met the provisions identified in the proposed initiative so it would not be impacted.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipalcode:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

FISCAL IMPACT
There is no fiscal impact of City Council taking the recommended action. However, should the initiative pass, the Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide. Its impacts are far-reaching and undefined on local governments.

Union City receives revenues through the various fees and charges discussed in the initiative, such as nuisance City Council/RSA Agenda 35 Tuesday, April 25, 2023
abatement charges, franchise fees, facility use fees, parking fees, and other fees. These could all be subject to new standards, threats of legal action, and possibly require voter approval. The ability to collect development impact fees related to VMT would also be prohibited.

Overall, the impacts caused by the initiative would hinder the City’s ability to raise revenue to provide services.

Establishing fees, adjusting fees, or seeking voter approval for fees, would also create unnecessary administrative and financial burdens to maintain compliance.

RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving a letter in opposition of Initiative No. 21- 004A1, the Taxpayer Protection and Government Accountability Act.

Prepared by:

Jennifer Phan, Deputy City Manager
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 – Resolution Resolution
Attachment 2 – Letter in Opposition of Initiative No. 21-004A1, the Taxpayer Protection and Government Accountability Act
Attachment
Attachment 3 – League of California Cities Summary Outline Attachment Attachment 4 – California City Finance FiscalAnalysis Attachment City Council/RSA Agenda 36 Tuesday, April 25, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING A LETTER IN OPPOSITION OF INITIATIVE 21-0042A1, THE

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City opposes Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.

BE IT FURTHER RESOLVED, that the City of Union City will join the No on Initiative 21-0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

BE IT FURTHER RESOLVED, the City Council directs City staff to email a copy of this adopted resolution and letter attached hereto to the League of California Cities at [email protected].

City Council/RSA Agenda 37 Tuesday, April 25, 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 25th day of April 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 38 Tuesday, April 25, 2023
April 25, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: LETTER IN OPPOSITION OF INITIATIVE 21-004A1, THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT
On April 25, 2023, the City Council of the City of Union City voted to oppose Initiative 21- 0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The City of Union City receives revenues through the various fees and charges discussed in the initiative, such as nuisance abatement charges, franchise fees, facility use fees, parking fees, and other fees. These could all be subject to new standards, threats of legal action, and possibly require voter approval. The ability to collect development impact fees related to VMT would also be prohibited.

Overall, the impacts caused by the initiative would hinder the City’s ability to raise revenue to provide services. Establishing fees, adjusting fees, or seeking voter approval for fees, would also create unnecessary administrative and financial burdens to maintain compliance.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

City Council/RSA Agenda 39 Tuesday, April 25, 2023
You may list the City of Union City in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
City Council, City of Union City
Enclosure
City Council/RSA Agenda 40 Tuesday, April 25, 2023
1 The Taxpayer Protection and Government Accountability Act Initiative No. 21-0042A11
Feb. 1, 2023
Effective date: Any new or increased tax or fee adopted by the Legislature, a city council, or the local voters after January 1, 2022, must comply with the Act’s new rules.

Voters
• Local advisory measures are prohibited. No measure may appear on the ballot asking for approval of a general tax that would allow the voters to express a preference for how the revenue from the general tax will, could, or should be used.
• Overturns Upland decision which upheld a special tax that had been placed on the ballot by the voters to be approved by a majority vote. Taxes proposed by initiative will be subject to the same rules as taxes placed on the ballot by a city council.
• Voters may not amend a city charter to impose, extend, or increase a tax or fee.

Local taxes
• Requires voter approval in order to apply an existing tax:
o to territory that is annexed.
o to a new service or product, for example when a utility user tax is applied to a new service.
• All new or increased taxes adopted after Jan. 1, 2022, must include a sunset date.

State taxes
• All new or increased state taxes require statewide voter approval. • Prohibits a property tax “surcharge” (increase). Prohibits any allocation of property tax to the state.
1 This is a summary of some of the more significant provisions of the Act. Please review the Act for a complete understanding of the changes it makes to the Constitution.

City Council/RSA Agenda 41 Tuesday, April 25, 2023
2 Fees and charges
• Fees and charges for services and permits may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” Examples include planning services, excavation and encroachment permits, preparation of candidate statement, and permit parking.
• State and cities have the burden of proving by “clear and convincing evidence” that a fee/charge is not a tax, that the amount is reasonable, and that it does not exceed “actual cost.”
• Franchise fees — historically considered fees, not taxes — will more likely be considered taxes due to the elimination of an existing category of “fee” and the requirement that charges to entrance, purchase, rental, or lease of government property be “reasonable.” The state and cities issue franchises to oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations.
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

Fines and penalties (administrative enforcement of state law and municipal codes)
• May require voter approval of fines and penalties for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties. Examples include nuisance abatement, organic waste reduction requirements, and failure to maintain a vacant property.

City Council/RSA Agenda 42 Tuesday, April 25, 2023
CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1  Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023
City Council/RSA Agenda 43 Tuesday, April 25, 2023
– 2 – rev January 14, 2023
CaliforniaCityFinance.com
 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL City Council/RSA Agenda 44 Tuesday, April 25, 2023
– 3 – rev January 14, 2023
CaliforniaCityFinance.com
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL City Council/RSA Agenda 45 Tuesday, April 25, 2023
– 4 – rev January 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS
City Council/RSA Agenda 46 Tuesday, April 25, 2023
– 5 – rev January 14, 2023
CaliforniaCityFinance.com
Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS
City Council/RSA Agenda 47 Tuesday, April 25, 2023
– 6 – rev January 14, 2023
CaliforniaCityFinance.com
Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS City Council/RSA Agenda 48 Tuesday, April 25, 2023
– 7 – rev January 14, 2023
CaliforniaCityFinance.com
Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual and reasonable test."  Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS City Council/RSA Agenda 49 Tuesday, April 25, 2023
– 8 – rev January 14, 2023
CaliforniaCityFinance.com
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if legally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

City Council/RSA Agenda 50 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING UNION CITY TRANSIT TO

OPERATE THE MICROTRANSIT PROGRAM (FLEA) IN ITS CURRENT
FORM BEYOND THE PILOT PERIOD ENDING MARCH 31, 2023,
EXTENDING THE PROGRAM THROUGH SEPTEMBER 1, 2023
Staff recommends that the City Council adopt a resolution authorizing Union City Transit to operate the Microtransit Program (Flea) in its current form beyond the pilot period ending March 31, 2023, extending the program through September 1, 2023.

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

BACKGROUND
Union City Transit began operation of the microtransit program known the Flea (Flexible, Local, Easy, Access) in May 2021 as part of a twenty-two-month pilot project funded through the Bay Area Air Quality Management District (BAAQMD). The BAAQMD-funded portion of the program ended on March 31, 2023.

Union City Transit went out to bid with a request for proposal (RFP), City Project No. 21-07, in 2022 for a responsible and responsive contract operator. In the RFP, Union City Transit requested microtransit service as one of the programs and the contractor would provide a computer-based dispatching program to operate the service. On March 14, 2023, the City Council passed Resolution No. 6096-23, awarding a contract to MV Transportation, Inc., (MV Transit) with microtransit service using a program called TripSpark.

MV Transit did not want to procure the TripSpark program until an award of contract was made, and the current lead time for acquisition, setup, and training is three (3) months.

Union City Transit is currently using a product called TransLoc for the Flea. The agreement with this vendor City Council/RSA Agenda 51 Tuesday, April 25, 2023
was only through March 31, 2023, in anticipation of the new operations contractor bringing in their own program. As a result, Union City Transit is continuing to use TransLoc through September 1, 2023, for customer consistency while MV Transit sets up TripSpark.

The September timeline is set to coincide with the Bay Area Rapid Transit District (BART) schedule changes that are anticipated in either mid-August or early September.

DISCUSSION
Union City Transit was planning to expand Flea service once the BAAQMD pilot period had ended and a new contractor was in place. Union City Transit was planning to make this expanded transition using the new contractor’s provided computer dispatching program.

The award to MV Transit occurred towards the end of the pilot period, thus the ability to transition cannot happen as originally planned because MV Transit has indicated that it will take three (3) months to acquire, install, and configure before training dispatchers and drivers on how to use the program.

Union City Transit willalso need time to understand how the TripSpark product works and time to educate the public about the switch from TransLoc. To provide enough time to make the transition and educate the public, staff believes coinciding the shift to TripSpark should take place when BART is proposing to modify their schedules in mid-August or early September so that it is an all-inclusive service change for the consumer.

Union City Transit needs authorization to continue operating as it has been since the start of the pilot program because the microtransit program is not identified in any current transit plans. Staff will return to the City Council in the summer with a service proposal moving forward with the Flea.

FISCAL IMPACT
There is no impact to the Union City Transit budget for authorizing the continuation of service in its current form. There will be no impact to the City’s General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing Union City Transit to operate the Microtransit Program (Flea) in its current form beyond the pilot period ending March 31, 2023, extending the program through September 1, 2023.

Prepared by:

Steve Adams, Transit Manager
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
City Council/RSA Agenda 52 Tuesday, April 25, 2023
Resolution Resolution
City Council/RSA Agenda 53 Tuesday, April 25, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

UNION CITY TRANSIT TO OPERATE THE MICROTRANSIT PROGRAM (FLEA) IN THE CURRENT FORM BEYOND THE PILOT PERIOD ENDING MARCH 31, 2023, EXTENDING THE PROGRAM THROUGH SEPTEMBER 1, 2023
WHEREAS, Union City Transit began operation of the microtransit program known the Flea (Flexible, Local, Easy, Access) in May 2021 as part of a twenty-two-month pilot project funded through the Bay Area Air Quality Management District (BAAQMD); and WHEREAS, the BAAQMD-funded portion of the program ended on March 31, 2023; and WHEREAS, City Council, via Resolution No. 6096-23, awarded a contract to MV Transportation, Inc., (MV Transit) on March 14, 2023, with microtransit service included; and WHEREAS, included in the award to MV Transit was a provision to provide a program for tracking and dispatching microtransit vehicles; and WHEREAS, MV Transit plans to use a program called TripSpark to replace the currently used TransLoc; and
WHEREAS, MV Transit indicates it will take three months to acquire, install, and configure TripSpark before training dispatchers and drivers on how to use the program; and WHEREAS, Union City Transit believes coinciding the shift to TripSpark should take place when the Bay Area Rapid Transit District (BART) is proposing to modify their schedules in mid-August or early September so that it is an all-inclusive service change for the consumer; and WHEREAS, Union City Transit needs authorization to continue operating as it has been since the start of the pilot program because the microtransit program is not identified in any current transit plans; and
WHEREAS, Union City Transit will return to City Council in the summer with a service proposal moving forward with the Flea; and
WHEREAS, there is no impact to the Union City Transit budget for authorizing the continuation of service in its current form.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes Union City Transit to operate the Microtransit Program (Flea) in its current form beyond the pilot period ending March 31, 2023, extending the program through September 1, 2023.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of April 2023, by the following vote:

City Council/RSA Agenda 54 Tuesday, April 25, 2023
Resolution No. XXXX-23

City Council/RSA Agenda 55 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER OR THEIR

DESIGNEE TO SUBMIT THE REQUIRED FUNDING APPLICATION AND TO

EXECUTE THE CERTIFICATIONS, ASSURANCES, AND AUTHORIZED

AGENT FORMS FOR THE LOW-CARBON TRANSIT OPERATIONS

PROGRAM (LCTOP) PROJECT, UNION CITY FLEA MICROTRANSIT
EXPANSION OF SERVICE, IN THE AMOUNT OF $214,893, AND TO PLACE THE AWARD IN THE TRANSIT FUND (5110)
Staff recommends the City Counciladopt a resolution authorizing the City Manager or their designee to submit the required funding application and to execute the certifications, assurances, and authorized agent forms for the LowCarbon Transit Operations Program (LCTOP) project, Union City Flea Microtransit Expansion of Service, in the amount of $214,893, and to place the award in the Transit Fund (5110).

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

BACKGROUND
Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, took a long-term, comprehensive approach to address climate change and its effects on the environment and natural resources. The legislation allows the California Air Resources Board (CARB) to establish a quarterly auction of a limited number of greenhouse gas (GHG) tradable permits. The program is commonly referred to as the Cap-and-Trade, whereby the proceeds from these auctions fund legislated programs furthering the purpose of AB 32.

The LCTOP is one of several programs that are part of the Transit, Affordable Housing, and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862 (SB 862), drafted to further the purpose of AB 32. Senate Bill 862 (Statutes of 2014) appropriates $25 million for LCTOP for Fiscal Year (FY) 2014-15 and SB 862 continuously appropriates five percent (5%) of the annual auction proceeds in the Greenhouse Gas Reduction Fund for LCTOP, beginning in FY2015-16.

City Council/RSA Agenda 56 Tuesday, April 25, 2023
Approved projects in LCTOP will support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities, with each project required to reduce greenhouse gas emissions. Funds in this program are allocated to operators by the Metropolitan Transportation Commission (MTC) through the State Controller’s Office, which uses Public Utility Code (PUC) Sections 99313 and 99314 to identify funding. Funds are distributed based on revenues and, through MTC Resolutions 4123 and 4130, based on population. The California Department of Transportation (Caltrans/Department) is the administering agency.

DISCUSSION
Union City will receive approximately $31,715 (PUC 99314) in direct LCTOP funds from Caltrans and $183,158 (PUC 99313) in LCTOP funds through the MTC population-based calculation for the FY2022-23 program period, totaling $214,893. The MTC projects that, over the course of twenty-five (25) years, Union City will receive $1.5 million dollars in combined revenue and population funds from this program.

The FY2022-23 funds will be combined with local transit funds for a microtransit service expansion for Union City. The attached funding application nominates the proposed project and allows Caltrans to allocate those funds toward the proposed project. The City Council approved a similar resolution for LCTOP funds in 2015 for FY2014-15, in 2016 for FY2015-16, in 2018 for FY2017-18, in 2019 for FY2018-19, in 2020 for FY2019-20, in 2021 for FY2020-21, and in 2022 for FY2021-22 program funds. The City was successful in receiving all fund requests.

Caltrans has adopted an authorized agent designation for certifications and assurances for LCTOP. As a condition to receive LCTOP funds, each project sponsor/agency must authorize an agency designee to execute these certifications and assurances, which include guidelines for project administration, reporting, cost principles, record retention, and special situations.

FISCAL IMPACT
The City will receive $214,893 of pass-through LCTOP funds. These funds will be combined with federal and other local transit funds for the proposed project. There will be no impact to the General Fund.

RECOMMENDATION
Staff recommends the City Counciladopt a resolution authorizing the City Manager or their designee to submit the required funding application and to execute the certifications, assurances, and authorized agent forms for the Low Carbon Transit Operations Program (LCTOP) project, Union City Flea Microtransit Expansion of Service, in the amount of $214,893, and to place the award in the Transit Fund (5110).

The resolution also authorizes the City Manager to designate the Transit Manager or Public Works Director to execute the required certifications and assurances for the LCTOP funds.

Prepared by:

Flore Mountsambote, Assistant Transit Planner
Submitted by:

City Council/RSA Agenda 57 Tuesday, April 25, 2023
Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A -Allocation Request Exhibit
Exhibit B- LCTOP Forms Exhibit
City Council/RSA Agenda 58 Tuesday, April 25, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING

THE CITY MANAGER OR THEIR DESIGNEE TO SUBMIT THE REQUIRED FUNDING

APPLICATION AND TO EXECUTE THE CERTIFICATIONS, ASSURANCES, AND

AUTHORIZED AGENT FORMS FOR THE LOW-CARBON TRANSIT OPERATIONS

PROGRAM (LCTOP) PROJECT, UNION CITY FLEA MICROTRANSIT EXPANSION OF SERVICE, IN THE AMOUNT OF $214,893, AND TO PLACE THE AWARD IN THE TRANSIT FUND (5110)
WHEREAS, the City of Union City – Union City Transit is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and
WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and WHEREAS, the City of Union City – Union City Transit wishes to implement the following LCTOP project listed below:

List project(s), including the following information:

Project Name: Union City Flea Microtransit Expansion of Service Amount of LCTOP funds requested: $214,893
Short description of the project: Union City Transit would expand the service area and service hours to areas currently not served by fixed-route service Benefit to a Priority Populations: The expansion of Union City's microtransit service will provide a first/last mile connection to regional transit such as the Bay Ara Rapid Transit District (BART), Alameda-Contra Costa Transit District (AC Transit), and the Dumbarton Express.

Amount to benefit Priority Populations: $107,446
Contributing Sponsors: Metropolitan Transportation Commission The allocation request for this project is attached as Exhibit A; and WHEREAS, the California Department of Transportation (Caltrans) has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and
WHEREAS, the City of Union City – Union City Transit wishes to delegate authorization to execute these documents and any amendments thereto to City Manager and/or their designees (see Exhibit B).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City City Council/RSA Agenda 59 Tuesday, April 25, 2023
Resolution No. XXXX-23

that the fund recipient agrees to comply with all conditions and requirements set forth in the Certifications, Assurances, and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects; and NOW THEREFORE, BE IT FURTHER RESOLVED that City Manager and/or their designee(s) be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of April 2023, by the following vote:

City Council/RSA Agenda 60 Tuesday, April 25, 2023
LCTOP FY 2022-2023
Allocation Request
20 15
10 0 0
County: Alameda County
Regional Entity: Metropolitan Transportation Commission Title VI Attached: Yes Title VI Approval Date: 01/24/23 Lead Agency Information
Lead Agency Name: City of Union City - Union City Transit Address: 34009 Alvarado-Niles Road
City, State, Zip Code: Union City, CA 94587
E-mail: [email protected] E-mail: [email protected] Authorized Agent Legislative District Numbers
Title: Assistant Transit Planner Title: Transit Manager Phone #: 510.675.5309 Phone #: 510.675.5446
Allocation Request Prepared by Contact (if different than "Prepared by") Name: Flore Mountsambote Name: Steve Adams
Project Summary
Name: No more than
180 characters.

Union City Flea Microtransit Expansion of Service
Description (Short):

No more than 375
characters.

Union City Transit would expand the service area and service hours to areas currently not served by fixedroute service. The service expansion would overlap with fixed-route service to demonstrate that an hourly fixed-route service may no longer cater to the demands of the modern customer.

Type: Operations
Phone #: 510.675.5307 Congressional*:

E-mail [email protected] *if you have additional Districts, please provide a separate attachment Name: Marilou Ayupan Assembly*:

Title: Public Works Director Senate*:

SB-942 Agencies that elect to use SB 942 are required to use their apportionment concurrent to the initial submittal of their SB-942 project. Agencies are limited to three years maximum to expend project funds using SB-942. Missed submission of LCTOP Project Activity Reports (PAR) will result in a request to return funds to the LCTOP program. Agencies are required to submit annual expenditure reports along with their project activity reports. Agencies are not permitted to request a CAP for a transfer of funds to or from SB-942 projects. Cost savings and interest must be applied to the awarded project or returned to the LCTOP program.

Capital: Operations: 10
Funding: 99313: $183,158 99314: $31,735 Total:

Start date (anticipated) : 9/1/2023 End date (anticipated): 06/30/2024 Please provide specific area information for the project in the Lat-Long tab.

Project Life: For capital projects, state the project useful life in years. For operation projects state the number of months a service will be funded.

Sub-Type
Provision of a new expanded/enhanced transit service
Total Years of Rollover: Remaining Years of Rollover:
$214,893
Approved LONP: No LONP Approval date:

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 1 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 61 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Total
PUC 99313 Amount: $0 $183,158 $183,158
LCTOP Allocation Year Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 Funding Information
$0
Other Funds: $522,942 $522,942
Other GGRF:
$31,735
Total LCTOP Funds: $0 $214,893 $0 $0 $0 $214,893
PUC 99314 Amount: $0 $31,735
Contact Person: Steve Adams 99313
Contact Phone #: 510.675.5446 $31,735 99314
$737,835
Lead Agency: City of Union City - Union City Transit Amount: PUC Funds Type:

Total Project Cost: $0 $737,835 $0 $0 $0
Contact Phone #: 415.778.6611 99314
Contact E-mails: [email protected]
Contributing Sponsor: MTC Amount: PUC Funds Type:

Contact Person: Anne Spevack $183,158 99313
Contact E-mail: [email protected]
Contact E-mails:

Contact Person: 99313
Contact Phone #: 99314
Contributing Sponsor: Amount: PUC Funds Type:

Contributing Sponsor: Amount: PUC Funds Type:

Contact Phone #: 99314
Contact E-mails:

Contributing Sponsor: Amount: PUC Funds Type:

Contact Person: 99313
Fully Funded Project: Provide a description of all the funds that will be used to complete this project and how LCTOP funds will not supplant other funding sources. Include the project ID and awarded funding amount from prior rollover years.

Union City Transit will use TDA to supplement funding for operation.

Project Changes: This section should be completed to detail any funds included in the “Prior” column of the Funding Information section above. For projects with an approved CAP that transferred funds and/or interest into the project from previous years, include the Project ID, amount of funds transferred, and CAP approval date.

Contact E-mails:

Total FY 22-23 LCTOP Funding $214,893
Contact Person: 99313
Contact Phone #: 99314
Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 2 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 62 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Funding Plan
Proposed Total Project Cost
$0 $0
PS&E $0 $0 $0 $0 $0 $0 $0
FY 26-27 FY 27-28 Total
PA&ED $0 $0 $0 $0 $0 $0
Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26
$0 $0 $0
Veh/Equip Purchase $0 $0 $0 $0 $0 $0
CON $0 $0 $0 $0 $0
$0
R/W $0 $0 $0 $0 $0 $0 $0 $0
$737,835
TOTAL $0 $737,835 $0 $0 $0 $0 $0 $737,835
$0 $0
Operations/Other $0 $737,835 $0 $0 $0 $0 $0
$0
PS&E
PA&ED
Low Carbon Transit Operations Program (LCTOP)
Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total $0
CON $0
$0
R/W
$214,893
TOTAL $0 $214,893 $0 $0 $0 $0 $0
$0
Operations/Other $214,893
Veh/Equip Purchase
FY 27-28 Total
PA&ED
$214,893
Funding Source: TDA
Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 $0
CON
R/W
$0
PS&E $0
$0
Operations/Other $522,942 $522,942
$0
Veh/Equip Purchase
FY 25-26 FY 26-27 FY 27-28 Total
PA&ED
$0 $0 $522,942
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25
TOTAL $0 $522,942 $0 $0 $0
$0
R/W
$0
PS&E
$0
Operations/Other
Veh/Equip Purchase
$0
CON $0
$0
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 $0
TOTAL $0 $0 $0 $0 $0 $0 $0
$0
PS&E $0
FY 27-28 Total
PA&ED
$0
Veh/Equip Purchase
$0
CON
R/W
TOTAL $0 $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other $0
Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 3 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 63 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Funding Plan
Funding Source:
$0
PS&E
FY 26-27 FY 27-28 Total
PA&ED
Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26
$0
Veh/Equip Purchase
CON
$0
R/W $0
$0
TOTAL $0 $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other
Total
PA&ED $0
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 $0
CON
$0
R/W
PS&E
$0
TOTAL $0 $0 $0 $0 $0 $0
Operations/Other
$0
Veh/Equip Purchase $0
FY 26-27 FY 27-28 Total
PA&ED
$0 $0
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26
$0
R/W $0
$0
PS&E
$0
Operations/Other
$0
Veh/Equip Purchase
CON
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 $0
TOTAL $0 $0 $0 $0 $0 $0 $0 $0
$0
R/W
PS&E
Total
PA&ED $0
$0
Veh/Equip Purchase $0
$0
CON
$0 $0
Funding Source:

Component Prior FY 22-23 FY 23-24 FY 24-25 FY 25-26
$0
TOTAL $0 $0 $0 $0 $0 $0
Operations/Other
$0
PS&E
FY 26-27 FY 27-28 Total
PA&ED
$0
Veh/Equip Purchase
CON
$0
R/W $0
$0
TOTAL $0 $0 $0 $0 $0 $0 $0 $0
$0
Operations/Other
Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 4 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 64 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Monthly Fixed Fee $26,356.70
Variable (Hourly) Rate $73.87
Est. Monthly Variable Total $35,129.48
Est. Monthly Combined Total $61,486.18
Est. Service Annual Total $737,834.17
Project Information
1) Project Description - Provide a comprehensive project description. For operations projects, include: number of trips, span, frequency improvements, number of days of operation and marketing component (if applicable). For capital projects, include:
product specifications and identify all LCTOP funded components. No more than 12 lines.

Union City Transit began operating a Microtransit pilot funded by the Bay Area Air Quality Management district in May 2020. The pilot project was limited to the Central Business District and select residential neighborhoods due to restrictions associated with the BAAQMD funding that did not allow overlap with existing fixed-route service. As the pilot is coming to an end, Union City Transit would like to expand the service area and service hours to areas currently not served by fixed-route service. The LCTOP funds would allow microtransit service to connect to all residents without restrictions including Union City’s only DAC Census Tract 6001440301 and two low-income communities within Census Tract 6001440200 and 6001440100. The expanded service will run for a span of ten months, from September 1, 2023, through June 30, 2024. The service would also be expanded to operate during fixed-route service hours as opposed to just peak AM and PM commuting time. The Union City Flea would operate parallel to Routes 3 & 4 but include areas the large buses cannot serve. The requested allocation funds for the LCTOP Fiscal year 2022- 2023 are expected to fund this fiscal year, but the service itself is expected to operate after June 30, 2024, and may need LCTOP funding for future expansion or enhancement.
2) Project Planning - Provide a detailed explanation of the project planning process and how it was designed to avoid substantial burden on any low- income, disadvantaged, and vulnerable populations. Include any public outreach efforts, engagement events, community input, and workshops. No more than 10 lines.

This project is an expansion to the flea micro transit service which currently services Union City’s central business district, a historically challenging area to service with fixed-route buses. This service has not required any public outreach because the service is still being analyzed as a pilot.

No burden is being placed on priority populations or the surrounding community. There is more benefit to be had with the increased public transit service to service areas not currently serviced by fixed route service. 3) Project Costs - Provide an itemized breakdown of project components and describe how the cost estimations were developed.

Please include marketing and bus wraps cost in this section. Total costs must correspond to the Funding Information section above. No more than 12 lines.

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 5 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 65 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Agency Information
4) Agency Fare - Describe the fare structure for your system and how the project will affect that structure if at all.

Union City Transit's fixed-route service cash fares are $2.00 for Adults (18-64), $1.25 for Youth (6-17), and $1.00 for Senior (65+), Certified Disabilities, and Medicare Card holders; cash fare payers are issued one free transfer valid for ninety (90) minutes.

Paratransit rides are $2.75 for all clients; clients can request a free transfer to fixed-route service valid for ninety (90) minutes.

Union City Transit offers thirty-one (31) day fixed-route passes: $55 for Adults (18-64), $35 for Youth (6-17), $26 for Senior (65+), Certified Disabilities, and Medicare Card holders, and a ten (10) ride paratransit ticket book. Union City Transit is a part of and accepts the Clipper Card fare payment system in the Bay Area.

Agency fare for the Flea Micro transit service is the same as the fare for fixed route service.Cash fares are $2.00 for Adults (18-64), $1.25 for Youth (6-17), and $1.00 for Senior (65+), Certified Disabilities, and Medicare Card holders; cash fare payers are issued one free transfer valid for ninety (90) minutes.

LCTOP will have no impact on the fare structure.

Union City Transit participates in multiple low-income programs through the MPO, MTC, and the CMA, ACTC, using the region’s electronic fare product, Clipper. All discounts that are available on fixed-route are available on microtransit. 5) Agency Service - Describe the transit service provided and how the project plays into the overall operations. Include how the COVID-19 pandemic has impacted transit service related to the project. No more than 10 lines.

Union City Transit is the municipal transit operator for the City of Union City. It provides fixed-route and Americans with Disabilities Act (ADA) complementary paratransit service. It operates seven (7) days a week from 4:29a to 10:45p on weekdays, and 6:39a to 7:46p on Weekends. Paratransit rides can be scheduled up to three (3) days in advance over the phone between 8:00a and 5:00p.

Union City Transit also provides a micro-transit service. This service is a pilot program funded by the Bay Area Air Management District (BAAQMD) ) was to provide access to a difficult-to-serve industrial area along the Central Avenue corridor from the Union City BART Station during hours when larger fixed-route buses are needed elsewhere for capacity.

The pilot service was scheduled for twenty-two months (22). The service began on May 24, 2021, and will end on March 23, 2023. The service operates from 4:40a to 8:35a during the morning commute hours and from 2:40p to 6:35p during the evening commute hours. Union City Transit staff would like to continue the service and expand it to other regions of Union City, Including the entire Decoto District, and the area along Tamarack between Mission and Ithaca.

COVID-19 has drastically reduced ridership for all services. Union City Transit began the micro transit pilot during the pandemic and at the time there was limited capacity seating on the vehicles due to social distancing mandates on public transit vehicles.

The pandemic also slowed marketing effort causing extremely low ridership in the begging months of the pilot program.

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 6 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 66 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Project GHG Benefits
Greenhouse Gas Reductions - Describe qualitatively how this project will reduce greenhouse gas emissions.

The expansion of the Flea micro transit pilot will encourage residents to use transit as a first/last mile connector instead of a single occupancy vehicle.

Greenhouse Gas Reductions - Please provide quantitative information requested below and explanations supporting the data provided.

Value Explanation
Adjustment (A) - Adjustment factor to account for
Choice Riders.Use defaults values listed on page 5
of the Supplemental Guidance.

0.540
Trip Length (L) - Length (miles) of average auto
trip reduced or average passenger trip length. You
may use defaults values list ed on page 17 of the
Supplemental Guidance.

2.00 Although most trip distances are only 2 miles. This expanded microtransit service will be providing a first/last mile transit connection where there is currently no fixed-route service.

Project Yr. 1 Ridership Increase - Estimated
annual ridership contributed by the new service
or capital improvement in Yr1. Refer to page 5
of the Supplemental Guidance.
30,480
Estimated ridership for service
Project Yr. F Ridership Increase - Estimated
annual ridership contributed by the new service
or capital improvement in YrF. Refer to page 5
of the Supplemental Guidance.
56,540
Estimated ridership increased due to expansion of service Year 1 (Yr1) - First year of service, or year
that capital improvements will be completed. 2024
Year F (YrF) - Final year that the service is
funded or the final year of useful life for capital
improvements.
2024
LCTOP Project GHG Emission Reductions
(MTCO2e) -18.93
This number is calculated based on the values from above and the QM-Tool tab.

Total Project VMTs Reduced
0 This number is calculated based on the values above.

Total Project GHG Emission Reductions
(MTCO2e) -18.93
This number is calculated based on the values from above and the QM-Tool tab.

Project Useful Life 0 This is calculated based on the values above.

Total Project Ridership Increased
0 This is calculated based on the values above.

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 7 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 67 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Job Support Benefits (Refer to LCTOP Guidelines and CARB Co-Benefits website for more information) Travel Cost Savings Benefits Refer to page 6 on the Supplemental Guidance.

X
Project Benefits
Primary Project Activity (select from drop-down) Operation of local transit service, including mixed mode Baseline Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
way prior to project implementation)
$1.05 The average adult, senior, youth, child, and the discounted fare are $1.05 New Average One-Way Fare Cost
($/One-Way Trip/Rider) (Average fare per
way resulting from project implementation)
$1.05 The average adult, senior, youth, child, and the discounted fare will remain the same at $1.05
Other Project Activity (select from drop-down)
% of Project Budget Associated with Other Activity
Value Explanation
% of Project Budget Associated with Primary Activity 100% Other Project Activity (select from drop-down)
% of Project Budget Associated with Other Activity
Improved Public Health College Grades K-12
Reduced Operating/Maintenance Costs Promotes Active Transportation Increase System Reliability Promotes Integration w/ other modes Avoided Toll Cost ($/Roundtrip/Rider)
(Average avoided toll cost associated with
project)
N/A (ex. The average tolling cost in the project area is $10 per day) Co-Benefits - Check all additional Benefits/Outcomes.

Improved Safety Coordination with Educational Institution Transit Facility Parking Cost
($/Roundtrip/Rider) (Average cost to park to
use transit associated with project)
$3.00 The average transit facility parking cost at Union City BART Station is $3.00 Avoided Parking Cost ($/Roundtrip/Rider)
(Average avoided parking cost associated
with project)
$3.00 The average transit facility parking cost at Union City BART Station is $3.00 Co-Benefits - Describe benefits selected above and other benefits not listed.

Promotes Integration w/ other modes- The expansion of Union City’s Flea Micro transit promotes the use of transit as opposed to single occupancy vehicles as a first/last mile gap to transit.

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 8 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 68 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
D.

Priority Population Community Engagement: Identify the specific assessment for the Community Engagement Co-benefit (High, Medium, Low): *See Page 30 of the Supplemental Guidance Method: Select the method your agency
used for identifying an important
community or household need. D. Where direct engagement is infeasible, make a selection below that best addresses the needs of the priority population for the project.

Is the project located within the boundaries of a low-income community census tract? Yes Is the project located outside of a disadvantaged community, but within 1/2 mile of a disadvantage community and within a low-income census tract? No
Amount of FY 22-23 funds benefitting Disadvantaged Communities : $ 107,446 Priority Populations Benefits
Does your Agency's Service Area have a Disadvantaged Community? (as defined by SB 535) Yes Is the project located within the boundaries of a disadvantaged community census tract? Yes Specific Common Need: Make a selection
only if letter D is selected above.

ECON 5 Reduce transportation costs (e.g., free or reduced cost transit passes) and improve access to public transportation (e.g., new services in under-served urban and rural communities).

Priority Populations Community Needs Description: Expound on the selections above in Method and Specific Common Need to describe the process that your agency used to identify important community needs. Provide details of any public outreach efforts, engagement events, community input, and workshops.

Expanding Microtransit service will improve transit connectivity for Union City's DAC and low-income communities. These communities currently do not have fixed-route service to connect to regional transit such as BART, AC Transit, and the Dumbarton Express.

Public outreach to these communities has been challenging due to the inability to access all mailboxes, especially for rental properties with multiple residents.

Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 9 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 69 Tuesday, April 25, 2023 Rev. 1-2023 LCTOP FY 2022-2023
Allocation Request
Is the project a purchase of zero-emission transit buses and/or purchase and installation of supporting infrastructure?
No
Is the project a new or expanded transit service that connects with transit service serving a disadvantaged communities?
Yes
SB 1119 Project Criteria: If this is a new or expanded service project, explain how it connects to a transit service that serves a Disadvantaged Community.

Union City Transit would like to expand the service area and service hours to areas currently not served by fixed-route service including almost all o Priority Population Benefit: Select
the benefit your project provides to the
community or household.

C. Project improves connectivity between travel modes.

Priority Population Benefit: Based on the selections above, explain in greater detail how the project will provide benefits to the priority populations in your service area.

The expansion of Union City's microtransit service will provide a first/last mile connection to Regional transit such as BART, Ac Transit, and the Dumbarton Express.

SB 1119 Project Criteria: See page 7 of the LCTOP Supplemental Guidance for more information.

Is the project a transit fare subsidies or network and fare integration technology improvements, including, but not limited to, discounted or free student transit passes No
Priority Populations Benefits
Identify the Priority Population(s)
that will benefit from this project.

Project provides benefits to a DAC
Division of Rail and Mass Transportation
Low Carbon Transit Operations Program Page 10 of 10
Sheet Name: Allocation Request
City Council/RSA Agenda 70 Tuesday, April 25, 2023 Rev. 1-2023 FY 2022-2023 LCTOP
Authorized Agent
AS THE City Manager
(Chief Executive Officer/Director/President/Secretary)
OF THE City of Union City
(Name of County/City/Transit Organization)
I hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (LCTOP) funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. I understand that if there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. I understand the Board must provide a resolution approving the Authorized Agent. The Board Resolution appointing the Authorized Agent is attached.

Marilou Ayupan, Public Works Director OR
(Name and Title of Authorized Agent)
Steve Adams, Transit Manager OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Click here to enter text. OR
(Name and Title of Authorized Agent)
Joan Malloy City Manager
(Print Name) (Title)
(Signature)
Approved this 11 day of April , Click
City Council/RSA Agenda 71 Tuesday, April 25, 2023
FY 2022-2023 LCTOP
Certifications and Assurances
Lead Agency: City of Union City – Union City Transit
Project Title: Union City Flea Microtransit Expansion of Service Prepared by: Steve Adams
The California Department of Transportation (Caltrans) has adopted the following Certifications and Assurances for the Low Carbon Transit Operations Program (LCTOP).

As a condition of the receipt of LCTOP funds, Lead Agency must comply with these terms and conditions.

A. General

1. The Lead Agency agrees to abide by the current LCTOP Guidelines and applicable legal requirements.

2. The Lead Agency must submit to Caltrans a signed Authorized Agent form designating the representative who can submit documents on behalf of the project sponsor and a copy of the board resolution appointing the Authorized Agent.

B. Project Administration

1. The Lead Agency certifies that required environmental documentation is complete before requesting an allocation of LCTOP funds. The Lead Agency assures that projects approved for LCTOP funding comply with Public Resources Code § 21100 and § 21150.

2. The Lead Agency certifies that a dedicated bank account for LCTOP funds only will be established within 30 days of receipt of LCTOP funds.

3. The Lead Agency certifies that when LCTOP funds are used for a transit capital project, that the project will be completed and remain in operation for its useful life.

4. The Lead Agency certifies that it has the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of that project.

5. The Lead Agency certifies that they will notify Caltrans of pending litigation, dispute, or negative audit findings related to the project, before receiving an allocation of funds.

6. The Lead Agency must maintain satisfactory continuing control over the use of project equipment and facilities and will adequately maintain project equipment and facilities for the useful life of the project.

7. Any interest the Lead Agency earns on LCTOP funds must be used only on approved LCTOP projects.

8. The Lead Agency must notify Caltrans of any changes to the approved project with a Corrective Action Plan (CAP).

City Council/RSA Agenda 72 Tuesday, April 25, 2023
FY 2022-2023 LCTOP

9. Under extraordinary circumstances, a Lead Agency may terminate a project prior to completion. In the event the Lead Agency terminates a project prior to completion, the Lead Agency must (1) contact Caltrans in writing and follow-up with a phone call verifying receipt of such notice; (2) pursuant to verification, submit a final report indicating the reason for the termination and demonstrating the expended funds were used on the intended purpose; (3) submit a request to reassign the funds to a new project within 180 days of termination.

C. Reporting

1. The Lead Agency must submit the following LCTOP reports:
a. Annual Project Activity Reports October 27
th each year.
b. A Close Out Report within six months of project completion. c. The annual audit required under the Transportation Development Act (TDA), to verify receipt and appropriate expenditure of LCTOP funds. A copy of the audit report must be submitted to Caltrans within six months of the close of the year (December 31) each year in which LCTOP funds have been received or expended.
d. Project Outcome Reporting as defined by CARB Funding Guidelines. e. Jobs Reporting as defined by CARB Funding Guidelines.

2. Other Reporting Requirements: CARB develops and revises Funding Guidelines that will include reporting requirements for all State agencies that receive appropriations from the Greenhouse Gas Reduction Fund. Caltrans and project sponsors will need to submit reporting information in accordance with CARB’s Funding Guidelines, including reporting on greenhouse gas reductions and benefits to disadvantaged communities.

D. Cost Principles

1. The Lead Agency agrees to comply with Title 2 of the Code of Federal Regulations 225 (2 CFR 225), Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

2. The Lead Agency agrees, and will assure that its contractors and subcontractors will be obligated to agree, that:
a. Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allow ability of individual project cost items and
b. Those parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub-recipient receiving LCTOP funds as a contractor or sub-contractor shall comply with City Council/RSA Agenda 73 Tuesday, April 25, 2023
FY 2022-2023 LCTOP
Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

3. Any project cost for which the Lead Agency has received funds that are determined by subsequent audit to be unallowable under 2 CFR 225, 48 CFR, Chapter 1, Part 31 or 2 CFR, Part 200, are subject to repayment by the Lead Agency to the State of California (State). All projects must reduce greenhouse gas emissions, as required under Public Resources Code section 75230, and any project that fails to reduce greenhouse gases shall also have its project costs submit to repayment by the Lead Agency to the State. Should the Lead Agency fail to reimburse moneys due to the State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, the State is authorized to intercept and withhold future payments due the Lead Agency from the State or any third-party source, including but not limited to, the State Treasurer and the State Controller.

A. Record Retention

1. The Lead Agency agrees and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred project costs and matching funds by line item for the project. The accounting system of the Lead Agency, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP) and enable the determination of incurred costs at interim points of completion. All accounting records and other supporting papers of the Lead Agency, its contractors and subcontractors connected with LCTOP funding shall be maintained for a minimum of three (3) years after the “Project Closeout” report or final Phase 2 report is submitted (per ARB Funding Guidelines, Vol. 3, page 3.A-16), and shall be held open to inspection, copying, and audit by representatives of the State and the California State Auditor. Copies thereof will be furnished by the Lead Agency, its contractors, and subcontractors upon receipt of any request made by the State or its agents. In conducting an audit of the costs claimed, the State will rely to the maximum extent possible on any prior audit of the Lead Agency pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by the Lead Agency’s external and internal auditors may be relied upon and used by the State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of the Lead Agency’s contracts with third parties pursuant to Government Code § 8546.7, the project sponsor, its contractors and subcontractors and the State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times City Council/RSA Agenda 74 Tuesday, April 25, 2023
FY 2022-2023 LCTOP
during the entire project period and for three (3) years from the date of final payment.

The State, the California State Auditor, or any duly authorized representative of the State, shall each have access to any books, records, and documents that are pertinent to a project for audits, examinations, excerpts, and transactions, and the Lead Agency shall furnish copies thereof if requested.

3. The Lead Agency, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by the State, for the purpose of any investigation to ascertain compliance with this document.

F. Special Situations
Caltrans may perform an audit and/or request detailed project information of the project sponsor’s LCTOP funded projects at Caltrans’ discretion at any time prior to the completion of the LCTOP.

I certify all of these conditions will be met.

Steve Adams Transit Manager
(Print Authorized Agent) (Title)
(Signature) (Date)
City Council/RSA Agenda 75 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LISAACHEN, INTERIM HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

CLASSIFICATION AND COMPENSATION PLAN TO UPDATE THE CLASS

SPECIFICATION FOR THE CLASSIFICAITON OF COMMUNITY

SERVICE AIDE
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification of Community Service Aide.

STRATEGIC PLAN ALIGNMENT
The updates to the Classification and Compensation Plan support Goal B. Governance and Organization Effectiveness of the strategic plan in aligning the provision of criticalcity services with current staffing levels.

BACKGROUND
As part of a review of the Community Service Aide job duties and the needs of the City's Police Department relative to crime prevention, staff recommends minor modifications to the essential duties of the class specification.

DISCUSSION
The proposed class specification has been updated to reflect the current duties, requirements, and skills necessary for the position. The City has met and conferred with the Union City Police Officers’ Association regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time. The City currently has three (3) filled Community Service Aide positions who are already performing these duties. The Police Department worked with the Human Resources Department to ensure updates are made prior to future recruitments.

City Council/RSA Agenda 76 Tuesday, April 25, 2023

FISCAL IMPACT
There are no impacts to the General Fund.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution to approve an amendment to the City’s Classification and Compensation Plan to update the class specification of Community Service Aide.

Prepared by:

Lisa Achen, Interim Human Resources Director
Submitted by:

Lisa Achen, Interim Human Resources Director
ATTACHMENTS:

Description Type
Resolution Resolution
Job Description Attachment
City Council/RSA Agenda 77 Tuesday, April 25, 2023
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UNION CITY AMENDING THE CLASSIFICATION AND

COMPENSATION PLAN TO UPDATE THE CLASS

SPECIFICATION FOR THE CLASSIFICAITON OF

COMMUNITY SERVICE AIDE
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Community Service Aide; and WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of the Union City Police Officers’ Association, the sole representative of the Community Service Aide classification, related to the above matter; and
WHEREAS, the City Council has identified in the Strategic Plan Goal B, Governance and Organization Effectiveness to align critical city services with current staffing levels by ensuring the duties and qualifications of the Community Service Aide position are accurately reflected in the class specification.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the updates of the Community Service Aide class specification, attached hereto and incorporated herein by reference, effective April 25, 2023.

City Council/RSA Agenda 78 Tuesday, April 25, 2023
1 COMMUNITY SERVICE AIDE
Bargaining Unit: POA
FLSA Status: Non-Exempt
Class Code: 40090
Updated: 4/11/2023

DEFINITION
Under general supervision, the non-sworn Community Service Aide provides technical police services in crime prevention, crime investigation, and crime response which do not require full police powers and assists police officers in the maintenance of law and order.

EXAMPLES OF DUTIES (illustrative only)
 Receive and transmit calls for service over the police radio.  Issue vehicle parking and registration citations.
 Mark, arrange tow, and maintain files for abandoned vehicles; cite vehicle/owner for violation after a given period of time of being marked.  Direct traffic at major injury collisions, chemical spills, malfunctioning traffic signals, and special events.
 Drive a marked police vehicle; transport children to foster care facilities, citizens including stranded motorists, and city staff; deliver messages, property, and evidence as dispatched to court, citizens, or other agencies.  Interview witnesses or others involved search for, collect, and identify evidence; and write reports for crimes with no suspect, lost and found cases, and non-injury collisions.
 Engage in general patrol observation; report any suspicious activity to dispatch and patrol officers.
 Patrol and enforce animal regulation laws and ordinances, which include receiving and investigating complaints and reports regarding stray, dangerous, unwanted or improperly controlled dogs, livestock and other animals; answering emergency calls and investigating persons bitten and quarantining the animal; and impounding, transporting and giving first aid to animals.  Complete registration of habitual sex and narcotic offenders.  Verify and certify mechanical violations receiving a citation have been corrected.
 Search files for information to aid in apprehending a criminal, returning lost property, determining the disposition of a vehicle and other problem resolution.
 May assist in the processing of evidence to include crime scene photography, sketching, video, evidence collection, and preservation as well as other duties associated with evidence processing.

City Council/RSA Agenda 79 Tuesday, April 25, 2023
2  Assist in routine equipment/vehicle maintenance.
 Assist with clerical functions such as entering data and conducting file searches on the computer and typing filing, and form completion.  Provide municipal code updates and additions for best practices and law changes.
 Coordinate training of both current employees (CPT) and new employees (FTO).  Testify in court.
 Inspect and clean the holding facilities and radio-equipped vehicles in order to maintain health/safety standards.
 Search and/or obtain specimens from same-sex prisoners.  Performs related work as required.

QUALIFICATIONS
Education and Experience:

Equivalent to high school graduation, G.E.D., or California High School Proficiency and one (1) year of experience in clerical, police services, or related work, or 15 semester units of college level work in law enforcement/criminal justice, or successful completion of a basic police academy.

Desirable qualification of six (6) months experience in caring for animals.

Licenses and Certificates:

Must possess a valid California Driver’s License and currently have a good driving record of at least (2) two years duration according to the Department of Motor Vehicle’s negligent operator guidelines. Failure to possess or maintain a valid California Driver’s License may result in discipline up to and including termination of employment.

Other Requirements:
 Must be eligible as an insurable risk as determined by automobile insurance underwriters.
 Must pass a background investigation which meets the P.O.S.T. – mandated guidelines for Peace Officer Applicants.
 Must be 18 years of age by the time of appointment.
 Willingness to work rotating shifts and irregular duty assignments required.  Physical and other Requirements – Physical strength and agility to ensure effective performance of prescribed functions; be in good physical condition.

City Council/RSA Agenda 80 Tuesday, April 25, 2023
3 KNOWLEDGE AND ABILITIES:

Knowledge Of:
 State laws and local ordinances pertaining to the care, treatment, impounding of animals and provisions relating to collections from the sale of dog licenses.  Various breeds of animals, their care and feeding.
 The English language including spelling, punctuation, and grammar.  Departmental policies and procedures; laws, ordinances, codes, rules, and regulations applicable to reporting, investigative, support, and other duties.  Written and verbal communication techniques.
 Arithmetic.
 General principles and practices used to establish effective police/community relations.

Ability To:
 Establish and maintain effective relations with the public and fellow employees.
 Read and follow established written or verbal instructions.  Exercise tact and good judgement.
 Write accurate, concise reports.
 React with reasonable and effective courses of action, according to various situations including the issuance of court citations or other legal action.  Learn the use and care of tranquilizer guns and other assigned equipment.

WORKING CONDITIONS, ADA AND OTHER REQUIREMENTS
The City of Union City is an equal opportunity employer. The City of Union City will comply with its obligations under the law to provide equal employment opportunities to qualified individuals with disabilities.

City Council/RSA Agenda 81 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN

A CALIFORNIA RAILROAD-HIGHWAY GRADE CROSSING PROGRAM

CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) PROJECT
INITIATION DOCUMENT TO FUND $2,190,400 WITH $600,000
IDENTIFIED FOR THE CITY’S SCOPE OF WORK AND $1,590,400

IDENTIFIED FOR UNION PACIFIC RAILROAD SCOPE OF WORK TO

IMPROVE THE H STREET RAILROAD CROSSING AT THE NILES
SUBDIVISION, CITY PROJECT NO. 23-05
Staff recommends that the City Council adopt a resolution authorizing the City Manager to sign the attached California Railroad-Highway Grade Crossing Program California Public Utilities Commission (CPUC) Project Initiation Document (PID), attached as Exhibit A. The PID identifies total project funding of $2,190,400 with $600,000 identified for the City’s scope of work and $1,590,400 identified for Union Pacific Railroad scope of work to improve the H Street railroad crossing at the Niles Subdivision, City Project No. 23-05.

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

Goal D, Strategy 1: Environmental Sustainability and Infrastructure - Continue the build-out of the City’s Bicycle and Pedestrian network, with an emphasis on closing gaps, addressing safety concerns, and increasing connectivity to the Station District.

BACKGROUND
On July 23, 2021, Caltrans, Department of Transportation, issued the Toll Credit Usage and Application for Section 130 Program (Railroad-Highway Grade Crossing Hazards Elimination Program) Memorandum (see Attachment 1). These tollcredits are a Section 130 program tool that can be used by Caltrans as a local match City Council/RSA Agenda 82 Tuesday, April 25, 2023
for local agencies to improve railroad crossing locations with past accidents that are identified by CPUC for potential safety improvements and hazard elimination.

Around April 2022, CPUC, Caltrans, Union Pacific Railroad (UPRR) initiated a field meeting in Union City with Public Works and identified the need for safety improvements at the H Streets/Niles Subdivision at-grade crossing. This location in Union City was identified through data-driven methodology, which includes, but is not limited to: train and vehicle volumes, geometric factors, pedestrians, buses and hazmat vehicles, and accident history. Over the past several months, CPUC, UPRR and City staff have been coordinating the project scope/description, design concepts and cost details.

On March 28, 2023, staff received a final PID for H Street (CPUC #001D-26.40 / ALA-1543). The PID details the recommendations of the CPUC Rail Crossings and Engineering Branch staff for the RailroadHighway Grade Crossing Program (Section 130) H Street crossing safety improvements.

DISCUSSION
The PID identifies both railroad and local agency scope of work to be contracted by Caltrans Division of Local Assistance. The Union City staff and the Union Pacific Railroad (UPRR) staff have participated in the development of this project proposal. Both agree with the proposal, are in concurrence to proceed with the funding from the Section 130 Program, and are committed to implementing the project. The City and UPRR will be responsible to design and construct their identified scope of work items. The CPUC and UPRR will review and authorize crossing improvements, and Caltrans under the Local Assistance Program will facilitate the required federal funding agreement for design and construction of the project. Union City will be responsible for the design and construction of the roadway improvement along H Street and UPRR will be responsible for improvement within the railroad right of way of the Niles Subdivision. The project is expected to commence in October 2023 and conclude in July 2027. Signing the PID is the first step required in order to proceed with the recommended scope of work as detailed in Exhibit A.

Once the PID has been signed, Caltrans will prepare the required Supplemental Agreements for this federally funded project for Union City’s signature. City Council Resolution No. 5871-21, adopted September 28, 2021, authorizes the City Manager to execute this upcoming funding agreement.

FISCAL IMPACT
There is no impact to the General Fund, except for staff time to manage the project.

Once we receive the Supplement Agreement for the project, we will accept these Section 130 Program grant funds at a future City Council meeting.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to sign the attached California Railroad-Highway Grade Crossing Program California Public Utilities Commission (CPUC) Project Initiation Document for $2,190,400 with $600,000 identified for the Union City’s scope of work and $1,590,400 identified for Union Pacific Railroad scope of work to improve the H Street railroad crossing at the Niles Subdivision, City Project No. 23-05.

Prepared by:

City Council/RSA Agenda 83 Tuesday, April 25, 2023
Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - Caltrans Section 130 Toll Credit Memo Attachment Resolution Resolution
Exhibit A - PID Exhibit
City Council/RSA Agenda 84 Tuesday, April 25, 2023
City Council/RSA Agenda 85 Tuesday, April 25, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO SIGN A CALIFORNIA RAILROADHIGHWAY GRADE CROSSING PROGRAM CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC) PROJECT INITIATION DOCUMENT TO FUND $2,190,400 WITH $600,000 IDENTIFIED FOR THE CITY’S SCOPE OF WORK AND $1,590,400

IDENTIFIED FOR UNION PACIFIC RAILROAD SCOPE OF WORK

TO IMPROVE THE H STREET RAILROAD CROSSING AT THE NILES
SUBDIVISION, CITY PROJECT NO. 23-05
WHEREAS, on July 23, 2021 Caltrans, Department of Transportation issued the Toll Credits Usage and Application for Section 130 (Railroad-Highway Crossing Hazards Elimination) Program and these credits are a Section 130 program tool that can be used by Caltrans as a local match for local agencies to improve railroad crossing locations identified by California Public Utility Commission (CPUC) with past accidents and the potential for safety improvements and hazardous elimination; and
WHEREAS, on March 28, 2023, staff received a Project Initiation Document (PID) for H Street, identified as CPUC #001D-26.40 / ALA-1543 and located at the H Street railroad crossing at the Niles Subdivision; and
WHEREAS, the PID details the recommendations of the CPUC Rail Crossings and Engineering Branch staff for the Railroad-Highway Grade Crossing Program (Section 130) H Street crossing safety improvements; and
WHEREAS, this crossing was identified for possible funding of Federal Section 130 funds to eliminate hazards and provide safety improvements. This location in Union City was identified through data driven methodology, which includes, but is not limited to: train and vehicle volumes, geometric factors, pedestrians, buses and hazmat vehicles, and accident history; and WHEREAS, the California Railroad-Highway Grade Crossing Program California Public Utilities Commission (CPUC) Project Initiation Document (PID), attached as Exhibit A, identifies total project funding of $2,190,400 with $600,000 identified for the City’s scope of work and $1,590,400 identified for Union Pacific Railroad scope of work to improve the H Street railroad crossing at the Niles Subdivision; and
WHEREAS, there is no impact to the General Fund, except for staff time to manage the project. All phases of the project will be funded at 100 percent through the Section 130 Program.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to sign the California Railroad-Highway Grade Crossing Program California Public Utilities Commission (CPUC) Project Initiation Document to fund $2,190,400 with $600,000 identified for the Union City’s scope of work and $1,590,400 identified for Union Pacific Railroad scope of work to improve the H Street railroad crossing at the Niles Subdivision, City Project No. 23-05.

City Council/RSA Agenda 86 Tuesday, April 25, 2023
Resolution No. XXXX-23

City Council/RSA Agenda 87 Tuesday, April 25, 2023
STATE OF CALIFORNIA Gavin Newsom, Governor

PUBLIC UTILITIES COMMISSION
320 W. 4th St, Suite 500
Los Angeles, CA 90013
March 28, 2023
Re: Project Initiation Document – H Street (CPUC #001D-26.40 / ALA-1543) To: Bruce Roberts & Todd Rogers, Caltrans Division of Local Assistance The attachment to this letter details the recommendations of the California Public Utilities Commission (CPUC) Rail Crossings and Engineering Branch staff for the Railroad-Highway Grade Crossing Program (Section 130) H Street crossing safety improvements.

The attachment identifies both railroad and local agency scope of work to be contracted by Caltrans Division of Local Assistance. The City of Union City (City) and the Union Pacific Railroad (UPRR) have participated in the development of this project proposal. Both participants agree with the proposal, are in concurrence to proceed with the funding, and are committed to the implementation of the project. The City and UPRR will be responsible to design and construct their identified scope of work items. The CPUC will review and authorize crossing improvements, and Caltrans will facilitate concurrent progression of contracts from approval of scope of work through project closeout.

It is the recommendation of CPUC staff to proceed with the funding of this project.

Sincerely,
Matt Cervantes, P.E.

Senior Utilities Engineer - Specialist
Rail Crossings and Engineering Branch
Via Electronic Mail:

Todd Rogers, Caltrans, [email protected]
Bruce Roberts, Caltrans, [email protected]
Farooq Azim, City of Union City, [email protected]
Kenneth Tom, UPRR, [email protected]
Mark Forgues, UPRR, [email protected]
Siavash Mozaffari, CPUC, [email protected]
Felix Ko, CPUC, [email protected]
Bree Arnett, CPUC, [email protected]
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 88 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A
California Railroad-Highway Grade Crossing Program
CPUC Project Initiation Document

PROJECT LOCATION
CPUC ID 001D-26.40 / ALA-1543 FED ID 749780A
City Union City Street Name H Street
County Alameda RCEB Engineer Siavash Mozaffari
Latitude 37.597479 Longitude -122.021300
Public Agency
Jurisdiction(s) City Rail Agency Jurisdiction (s) UPRR

PURPOSE AND NEED
Background
This crossing was identified for possible funding of hazard elimination and safety improvements through the Federal Section 130 funds. The Section 130 program is a federally funded program, administered by the States, for the elimination of hazards at highway-rail at-grade crossings. This location was identified as a candidate location via a data driven methodology which includes but is not limited to: train and vehicle volumes, geometric factors, pedestrians, buses and hazmat vehicles, and incident history.

The H Street at-grade crossing is located in the City of Union City, Alameda County. The crossing consists of a two lane, north-south oriented highway and one track of the UPRR Roseville Division, Niles Subdivision. The roadway has a width of 38 feet and intersects with the track at a 90-degree crossing angle. The north and south sidewalk approaches each have a width of five feet. The track surfacing consists of concrete panels with a width of 49 feet. The crossing is equipped with two CPUC Standard No. 9 (flashing light signal assembly with automatic gate arm) warning devices.

The crossing is located approximately 35 feet north of the T-intersection of H Street with Railroad Avenue. Eastbound traffic is STOP sign controlled from Railroad Avenue onto H Street. The crossing is also located approximately 50 feet south of a parallel pedestrian and bike pathway.

Incident History
Incident List (2015 to Present)
Date FTL INJ Suicide Incident Summary
1 11/30/2019 0 0 No ATK struck an unoccupied vehicle at the crossing, approximately 19:55 hours. The vehicle attempted to turn onto Railroad Avenue but instead turned right onto the tracks. The vehicle became stuck and was subsequently struck by a
northbound Amtrak train, resulting in property damage.
2 5/2/2018 1 0 No ATK struck a pedestrian at crossing. Pedestrian entered crossing after warning devices had activated. The pedestrian ignored the warning devices, the train horn, and a pedestrian witness when they entered the crossing prior to being struck by the train, resulting in fatality.

DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 89 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A
Purpose
The purpose of the project is to improve the safety at the H Street crossing by mitigating existing potential hazards to reduce the chance of future incidents. Potential hazards identified at H Street include:
- Significant pedestrian and bicycle traffic generated by the adjacent pedestrian/bike path and nearby school.
- Motorists turning onto the track area;
- Possibility of motorists driving around lowered gate arms from nearby intersection; The CPUC identifies each candidate location. After review of the specifics of the location, CPUC recommends improvements related to the crossing. These are generally broken into two types of improvements: vehicular and pedestrian.

At this location, the vehicular related safety improvements include additional signage and striping.

Illumination along with striping is recommended at the crossing to increase visibility of the crossing and intersection during dark conditions. Parking restriction near the crossing is also recommended by signage or red curb.

The use of federal funding also requires addressing pedestrian and bicycles pathways. There is an existing multi-use bicycle and pedestrian pathway approximately 50 feet north of the crossing. The sidewalk approaches extend through the crossing with a sidewalk path around the warning devices.

A pedestrian/bicycle study is recommended to determine if off-quadrant CPUC Standard 8 (flashing light signal assembly) or CPUC Standard 9 pedestrian gates at all four quadrants are recommended.

Additional pedestrian improvements such as curb ramps and channelization were also discussed by the team to improve safety, mobility, and accessibility near the crossing. Right-of-Way fencing is also recommended to discourage trespassing and to direct pedestrians to the crossing.

SCOPE OF WORK
The scope of work identified below is the basis for the design during the Preliminary Engineering phase. The Preliminary Engineering phase consists of a pedestrian study, updating the scope of work, completing design plans, conducting onsite and virtual meetings as needed, and submitting and approval of the CPUC General Order 88-B request. A pedestrian study, to be completed by the City, will provide additional data upon which CPUC and the diagnostic team can determine the final signalization recommendations and pedestrian treatments. The diagnostic team is comprised of all parties involved in this project: City, UPRR, CPUC and Caltrans. If additional scope items are identified during design, or need to be modified, those items will be done upon collaboration and agreement of all diagnostic team members.

City Scope of Work
• Conduct a pedestrian and bicycle study, including counts/video studies identifying:
o Daily pedestrian/bicycle counts for seven consecutive days, conducted during the normal school year;
o Routes of pathway users including origination and destination. • Install additional curb ramps and pedestrian treatments, including channelization and tactile warning devices, at the crossing approaches.
• Install illumination at the crossing.
• Lead for CPUC General Order 88-B request submittal.

DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 90 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A
UPRR Scope of Work
• Install concrete panel surfacing and requisite track structure extending through pedestrian approaches.
• Evaluate the need to remove/replace existing CPUC Standard 9 gate-type warning devices. • Install additional automatic warning devices at the recommendation of the diagnostic team, which may include either:
o Two CPUC Standard 8 flasher-type warning devices, in the northeast and southwest quadrants, or;
o Four CPUC Standard 9 pedestrian gate-type warning devices.

COST ESTIMATES
The following cost estimates are for planning purposes and contract funding that will be consistent with the Federal Aid Phases of: Preliminary Engineering, Right-of-Way, and Construction.

Caltrans will contract separately and concurrently with both the road agency and railroad. All eligible costs are 100% reimbursement based, after the contract is executed. Estimated costs and contracts will be refined and adjusted at the end of Preliminary Engineering prior to Construction.

City Cost Estimate
Preliminary Engineering
Design $ 270,000
Pedestrian Study $ 30,000
Construction
Striping & Signage $ 25,000
Sidewalk $ 70,000
Detectable Warning $ 25,000
Fencing/Channelization $ 60,000
Illumination $ 65,000
Contingency $ 55,000
UPRR Cost Estimate
Preliminary Engineering
Design $ 227,200
Construction
Warning Devices $ 900,000
Surfacing $ 136,000
Signal House and Circuitry $ 100,000
Contingency (20%) $ 227,200
Total Project Cost by Phases:

Preliminary Engineering Right-of-Way Construction Subtotal Estimate Local Agency $ 300,000 $ - $ 300,000 $ 600,000
Railroad Agency $ 227,200 $ - $ 1,363,200 $ 1,590,400
Total Phase Cost $ 527,200 $ - $ 1,663,200 $ 2,190,400
Estimated Total Project Cost: $2,190,400
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 91 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A

SCHEDULE
*Mandatory milestone requirement under contract.

Milestone Completion after
Contract Execution
Expected Completion
Date
Project Initiation Document - March 2023
Contract(s) Executed - April 2023
Project Development Team established ≤ 180 days* October 2023 30% Plans ≤ 12 months* April 2024
Diagnostic Field Meeting ≤ 12 months* April 2024
Environmental Clearance
(CEQA by City & RR / NEPA by Caltrans)
≤ 18 months October 2024
Design Complete ≤ 24 months April 2025
Right-Of-Way Certification ≤ 24 months April 2025
Construction Phase ≤ 24 months April 2027
End Project ≤ 48 months July 2027
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 92 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A

CROSSING PHOTOS
Aerial Image from Google Maps
Northbound Vehicular Approach Southbound Vehicular Approach West Facing View of Railroad Right-of-Way East Facing View of Railroad Right-of-Way DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 93 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A
West Side of H St, Southbound Approach
West Side of H St, Northbound Approach
East Side of H St, Southbound Approach
East Side of H St, Northbound Approach
Entrance to Multi-Use Bicycle/Pedestrian Pathway at NW
Crossing Quadrant
Emergency Notification Systems (ENS) Sign
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 94 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A

LOCAL AGENCY SIGNATURE
By signing below, you acknowledge your agency’s understanding and concurrence to proceed with the recommended scope of work as detailed above. All phases of the project will be funded at 100% through the Section 130 Program.

Local Agency City of Union City
Name
Position/Title
Signature
Date
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D City Manager Joan Malloy
DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 95 Tuesday, April 25, 2023
H Street
CPUC #001D-26.40 / ALA-1543
DOT #749780A

RAILROAD AGENCY SIGNATURE
By signing below, you acknowledge your agency’s understanding and concurrence to proceed with the recommended scope of work as detailed above. All phases of the project will be funded at 100% through the Section 130 Program.

Railroad Agency Union Pacific Railroad
Name
Position/Title
Signature
Date
Manager I, Engineering - Public Projects
DocuSign Envelope ID: 3D00EAE6-5B57-4675-9B41-C69DD431DA6D Kenneth Tom
4/4/2023
DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 96 Tuesday, April 25, 2023
1 Erika Cramer
From: Marilou Ayupan
Sent: Thursday, April 6, 2023 3:52 PM
To: Erika Cramer
Cc: Farooq M. Azim; Joan Malloy; Tommy (Wai Chee) Cho
Subject: FW: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A)
Attachments: 2023-04-04SignedPID749780A.pdf
Erika,
Place in DocuSign for Joan’s signature.

Thanks,
Marilou Ayupan
Public Works Director, City of Union City
Office: 510.675.5306
34009 Alvarado-Niles Rd
Union City • CA • 94587
www.unioncity.org
From: Cessna, Clifford <[email protected]>
Sent: Wednesday, April 5, 2023 9:42 AM
To: Cervantes, Matthew <[email protected]>; Farooq M. Azim <[email protected]>; Kenneth Tom <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Rogers, Todd@DOT <[email protected]> Cc: Marilou Ayupan <[email protected]>; Tommy (Wai Chee) Cho <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) WARNING: External email. Please verify sender before opening attachments or clicking on links.

Good morning, Matt –
See attached PID signed by UPRR. Please let me know if you need anything else.

Thank you,
Cliff Cessna
Public Project Manager | Associate
[email protected]
direct: 916-245-2511 mobile: 209-429-7279 office: 916-245-1845 For new public project requests: Union Pacific Public Project Request For new utility crossing/permit: Union Pacific Utility Crossing/Permit DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 97 Tuesday, April 25, 2023
2 From: Cervantes, Matthew <[email protected]> Sent: Tuesday, March 28, 2023 4:53 PM
To: Farooq M. Azim <[email protected]>; Kenneth Tom <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Rogers, Todd@DOT <[email protected]>
Cc: Cessna, Clifford <[email protected]>; Marilou Ayupan <[email protected]>; Tommy (Wai Chee) Cho <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) City, UPRR, and Caltrans:

Please find attached the revised Final Section 130 Project Initiation Document (PID) for ALA H Street (DOT 749780A).

This outlines the basic project elements, including: Project Background, Project Purpose, Scope, Funding, and Schedule.

After reviewing, please sign your agency’s signature page and return to Caltrans and CPUC. Upon execution, Caltrans will utilize this document for the obligation of funds and to develop service contracts for each agency. We ask that each agency return the signed PID by April 14, 2023.

If there are any further questions, please contact me.

Matthew Cervantes
[email protected]
O: 213.266.4716
C: 213.440.5125
From: Cervantes, Matthew
Sent: Friday, March 24, 2023 2:52 PM
To: Farooq M. Azim <[email protected]>; Cessna, Clifford <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Rogers, Todd@DOT <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Kenneth Tom <[email protected]>
Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) Cliff and Farooq,

Please review the updated draft, which incorporates City comments on cost estimates and updated railroad contact. (Welcome to the project team, Ken!)

After confirmation of review, I will finalize and distribute for PID signature.

DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 98 Tuesday, April 25, 2023
3 Thank you.

Matthew Cervantes
[email protected]
O: 213.266.4716
C: 213.440.5125
From: Farooq M. Azim <[email protected]>
Sent: Thursday, March 23, 2023 8:53 AM
To: Cervantes, Matthew <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Cessna, Clifford <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Kenneth Tom <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good morning, Matt,
Per our discussion, please see updated PID with revised City costs and let me know if you have any comments or questions.

Thanks,
- Farooq M. Azim
From: Cervantes, Matthew <[email protected]> Sent: Wednesday, March 22, 2023 2:31 PM
To: Farooq M. Azim <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Cessna, Clifford <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Kenneth Tom <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) WARNING: External email. Please verify sender before opening attachments or clicking on links.

Phase estimates in the $300K range are reasonable as the City is not expected to perform all project work in-house.

Please review the City’s scope items and provide reasonable updated cost estimates assuming the City’s use of:
consultant services for engineering and project management during the PE phase; and contractor support for the construction phase.

Matthew Cervantes
DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 99 Tuesday, April 25, 2023
4 [email protected]
O: 213.266.4716
C: 213.440.5125
From: Farooq M. Azim <[email protected]>
Sent: Wednesday, March 22, 2023 1:14 PM
To: Roberts, Bruce B@DOT <[email protected]>; Cervantes, Matthew <[email protected]>; Cessna, Clifford <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Kenneth Tom <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Bruce,
Thanks for the clarification and your input.

I agree that we should aim for the anticipated amounts with the hope that we won’t need to seek an increase later.

Matt, if you are OK with Bruce’s suggestion then I can rework City’s costs and show $300K for PE and CON each.

Thanks,
- Farooq M. Azim
From: Roberts, Bruce B@DOT <[email protected]>
Sent: Wednesday, March 22, 2023 12:54 PM
To: Farooq M. Azim <[email protected]>; Cervantes, Matthew <[email protected]>; Cessna, Clifford <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]>; Kenneth Tom <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) WARNING: External email. Please verify sender before opening attachments or clicking on links.

Farooq, as to your question about how funds are managed.

Caltrans will use the PID as your request for PE obligation, if excess funds are obligated into PE, Caltrans will request FHWA assign excess PE funds into the CON phase and the add the additionally funds needs to fully fund construction, construction engineer and also provide amount for contingency.

Also, looking at your PE numbers, Union City looks low to me if are planning to consult out this work. That estimate if consulted out gets us about 800 hours of support, current ranges for Local Agency PE support are ranging from about $300K to $400 once the amount of coordination desired is factored in. I would suggest $300K PE / $300 CON for Union DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 100 Tuesday, April 25, 2023
5 City, for now and we can adjust to reflect refined cost estimates as the project progresses. It’s a 3 Bears dilemma, how to find the “just right’ amount.

Matt are OK with upping the city estimates?
Bruce Roberts
Railway-Highway Crossings (Section 130) Program Manager Caltrans Division of Local Assistance
C (916) 801-3321
From: Farooq M. Azim <[email protected]>
Sent: Wednesday, March 22, 2023 12:29 PM
To: Cervantes, Matthew <[email protected]>; Cessna, Clifford <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) EXTERNAL EMAIL. Links/attachments may not be safe.

Matt,

Please see my attached comments and let me know if you want to discuss.

Thanks,

- Farooq M. Azim

From: Cervantes, Matthew <[email protected]> Sent: Monday, March 20, 2023 11:32 AM
To: Cessna, Clifford <[email protected]>; Farooq M. Azim <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A)

WARNING: External email. Please verify sender before opening attachments or clicking on links.

Cliff and Farooq,

Please review the updated draft, which includes the added railroad scope item to evaluate Std 9 replacement and associated revised cost estimates. Also, please advise the primary UPRR contacts for PID signatures moving forward.

After confirmation of review, I will finalize and distribute for PID signature.

Thank you.

Matthew Cervantes
DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 101 Tuesday, April 25, 2023
6 [email protected]
O: 213.266.4716
C: 213.440.5125

From: Cessna, Clifford <[email protected]>
Sent: Wednesday, March 15, 2023 5:34 PM
To: Cervantes, Matthew <[email protected]>; Farooq M. Azim <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A)

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good afternoon, Matt –

The type of devices to be installed at the grade crossing for both motorists and pedestrians will be determined by the Diagnostic Team. However, even if the recommended devices for the roadway are the same as exist today (CPUC Std.

No. 9’s), once the project is sent to UPRR Signal Design for review and estimating, they will determine if the existing equipment is obsolete and will need to be replaced as part of the project. Therefore, UPRR recommends adjusting this initial PID estimate to reflect the potential replacement of those devices.

The signal cabin estimate shown previously is adequate for either scenario and the increase in estimate for the traffic control devices will cover any additional amount necessary for the cabin and circuitry.

Thank you,

Cliff Cessna
Public Project Manager | Associate
[email protected]
direct: 916-245-2511 mobile: 209-429-7279 office: 916-245-1845 For new public project requests: Union Pacific Public Project Request For new utility crossing/permit: Union Pacific Utility Crossing/Permit From: Cervantes, Matthew <[email protected]> Sent: Wednesday, March 15, 2023 5:22 PM
To: Cessna, Clifford <[email protected]>; Farooq M. Azim <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RE: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A) DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 102 Tuesday, April 25, 2023
7 Hi Cliff.

I can increase the railroad’s construction estimate to account for the possibility of new warning devices, but I believe the need for new warning devices to replace existing devices in-place needs to be an item of consensus in the field. There was also a previous message regarding signal cabin cost estimate. Does UP have a better estimate or would an increase in estimate from the warning devices account for the cabin and circuitry cost at a high-level?

Matthew Cervantes
[email protected]
O: 213.266.4716
C: 213.440.5125

From: Cessna, Clifford <[email protected]>
Sent: Monday, February 27, 2023 4:21 PM
To: Cervantes, Matthew <[email protected]>; Farooq M. Azim <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark Forgues ([email protected]) <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: [EXTERNAL] RE: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A)

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Matt,

Please revise the number of devices to include CPUC Standard No. 9 devices for vehicular traffic, and adjust the estimate accordingly. If new devices are installed, all existing equipment will likely be replaced.

If you have any questions, please let me know.

Thank you,
Cliff Cessna
Public Project Manager | Associate
[email protected]
direct: 916-245-2511 mobile: 209-429-7279 office: 916-245-1845 For new public project requests: Union Pacific Public Project Request For new utility crossing/permit: Union Pacific Utility Crossing/Permit From: Cervantes, Matthew <[email protected]> Sent: Friday, February 17, 2023 5:17 PM
To: Farooq M. Azim <[email protected]>; Peggy Ygbuhay ([email protected]) <[email protected]>; Mark DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 103 Tuesday, April 25, 2023
8 Forgues ([email protected]) <[email protected]>; Cessna, Clifford <[email protected]> Cc: Tommy (Wai Chee) Cho <[email protected]>; Marilou Ayupan <[email protected]>; Rogers, Todd@DOT <[email protected]>; Roberts, Bruce B@DOT <[email protected]>; Mozaffari, Siavash <[email protected]>; Ko, Felix <[email protected]>; Arnett, Bree C. <[email protected]> Subject: RHGCP - Project Initiation Document (PID) - ALA H Street (749780A)

Please find attached the Final Section 130 Project Initiation Document (PID) for ALA H Street (DOT 749780A). This outlines the basic project elements, including: Project Background, Project Purpose, Scope, Funding, and Schedule.

After reviewing, please sign your agency’s signature page and return to CPUC. Upon execution, Caltrans will utilize this document for the obligation of funds and to develop service contracts for each agency. We ask that each agency return the signed PID by March 7, 2023.

If there are any further questions, please contact me.

Matthew Cervantes, P.E.

Senior Utilities Engineer - Specialist
Rail Crossings & Engineering Branch - Rail Safety Division California Public Utilities Commission
320 West 4th St, Suite 500 | Los Angeles, CA 90013
 (213) 440-5125 | Cell (213) 266-4716
 [email protected] | www.cpuc.ca.gov/crossings [cpuc.ca.gov]

This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email.

This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email.

This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email.

DocuSign Envelope ID: 6E0023A4-0AEB-42BC-A938-36525B34809F City Council/RSA Agenda 104 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT WITH RETIRED ANNUITANT MARK

EVANOFF
Staff recommends that the City Council adopt a resolution approving an Amendment to the Employment Agreement with retired annuitant Mark Evanoff. This employment agreement allowed the City to hire Mark Evanoff to provided services requiring specialized skills needed to perform certain work that the City must carry out as information is transferred to current and future employees for significant projects. This resolution approves an extension of the employment agreement until May 2, 2024.

STRATEGIC PLAN ALIGNMENT
An amendment to the employment agreement is consistent with the Strategic Plan in order to maintain continuity of ongoing projects that are critical to economic development and community goals.

BACKGROUND
On May 1, 2022, Mark Evanoff retired from the City of Union City, thus becoming a CalPERS retired annuitant. Consistent with the Government Code, the City Counciladopted a resolution required by CalPERS regulations to hire Mr. Evanoff as a retired annuitant, pursuant to an employment agreement (“Agreement”) and approving an exception to the normally required 180-day waiting period. Since that time, Mr. Evanoff has assisted with critical projects such as: development of the Gateway property, coordination for planning and construction of Quarry Lakes Parkway, recruitment and election of a cannabis retail operator, and coordinating with Altamont Commuter Rail for service to Union City.

The Agreement is currently set to expire on May 2, 2023.

City Council/RSA Agenda 105 Tuesday, April 25, 2023

DISCUSSION
As noted above, Mr. Evanoff has engaged in significant and critical projects for the City for which he has a unique and specific knowledge base. Staff recommends an amendment to the Agreement to extend the end date by an additional year. The proposed resolution would also authorize the City Manager to execute future amendments to extend the end date of the Agreement provided that the City Council has provided the necessary budgetary authority. All other terms and provisions would remain unchanged.

FISCAL IMPACT
There are no costs related to the approval of this amendment as any expenses are currently paid through salary savings in the City Manager's Office, and any costs associated for Fiscal Year 2023/2024 will be accommodated in the Biennial Budget.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution approving an Amendment to the Employment Agreement with retired annuitant Mark Evanoff.

Prepared by:

Kris Kokotaylo, City Attorney
Submitted by:

Joan Malloy, City Manager
ATTACHMENTS:

Description Type
Resolution - Mark EvanoffAgreement Extension Resolution Exhibit A - Mark Evanoff Extension Exhibit
City Council/RSA Agenda 106 Tuesday, April 25, 2023
RESOLUTION NO. _______- 22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT

WITH RETIRED ANNUITANT MARK EVANOFF
WHEREAS, Mark Evanoff retired from the City of Union City in the position of Deputy City Manager effective May 1, 2022; and
WHEREAS, on December 13, 2022, the City Council adopted a Resolution approving an employment agreement with Evanoff (“Agreement”); and WHEREAS, the City and Evanoff desire to amend the Agreement to extend the end date of the Agreement; and
WHEREAS, the entire employment agreement, contract or appointment document between Mark Evanoff and the City of Union City is included with this Resolution; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, with the exception of the extension of the Agreement, there will be no other changes; and
WHEREAS, Mark Evanoff has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Union City hereby approves an amendment to the Agreement, in a form approved by the City Attorney, to extend the term through May 2, 2024.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute further amendments to the Agreement to extend the end date, in a form approved by the City Attorney, provided that the required budget authorization for such extensions has been approved by the City Council.

City Council/RSA Agenda 107 Tuesday, April 25, 2023

AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF UNION CITY AND MARK EVANOFF
This Amendment No. 1 to Employment Agreement (this “Amendment”) is entered into this 2nd day of May 2023, by and between the City of Union City (“City”) and Mark Evanoff (“Mark Evanoff” or “Annuitant”) collectively referred to as “Parties.”

RECITALS
WHEREAS, on May 2, 2022, the Parties entered into an Employment Agreement with Annuitant to serve as an extra help retired annuitant (the “Agreement”); and WHEREAS, the Parties desire to amend the Agreement to extend the term.

NOW, THEREFORE, the Parties hereby agree as follows:.

1. TERM. The term of the Agreement is hereby extended through and until May 2, 2024.

2. OTHER PROVISIONS. With the exception of the extension of the terms identified above, all other provisions of the Agreement shall remain unchanged.

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

City of Union City
DATED: ____________________ By: _____________________________ Joan Malloy
City Manager
Approved as to Form:_____________________________
Kristopher J. Kokotaylo
City Attorney
Annuitant
DATED: ____________________ By: _____________________________ Mark Evanoff
City Council/RSA Agenda 108 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING FOR UPDATES TO THE STATION EAST MIXED USE / RESIDENTIAL PROJECT (APNS 87-21-5-2, 87-21-13-1, 98-21-13-2, 87-23-10, 87-23-12, AND 87-23-13-2) SPONSORED BY THE STATION EAST OWNER, LLC. SPECIFIC ACTIONS INCLUDE:

ADOPTION OF A RESOLUTION ADOPTING AN ADDENDUM TO

THE STATION EAST MIXED USE / RESIDENTIAL PROJECT
ENVIRONMENTAL IMPACT REPORT (SCH 2020039032);

INTRODUCTION OFAN ORDINANCE OF THE CITY COUNCIL OF

UNION CITYAPPROVING AN AMENDMENT TO THE STATION EAST

MIXED USE / RESIDENTIAL PROJECT DEVELOPMENTAGREEMENT
(ADA-23-001);

ADOPTION OFA RESOLUTION APPROVING AN AMENDMENT TO
TENTATIVE TRACT MAP 8251 (ATM-23-001);

ADOPTION OFA RESOLUTION APPROVING SITE DEVELOPMENT
REVIEW FOR PLANNING AREA 4 WITHIN THE PROJECT SITE (APN 0087-0022-013-02 [PORTION]) (SD-22-003); AND

ADOPTION OFA RESOLUTION APPROVING SITE DEVELOPMENT
REVIEW FOR PLANNING AREA 9/10 WITHIN THE PROJECT SITE (APN 0087-0022-013-02 [PORTION]) (SD-22-004).

STRATEGIC PLAN ALIGNMENT
City Council/RSA Agenda 109 Tuesday, April 25, 2023

BACKGROUND

DISCUSSION

FISCAL IMPACT

RECOMMENDATION
Prepared by:

Leslie Carmichael, Contract Planner
Submitted by:

Carmela Campbell, Economic and Community Development Director ATTACHMENTS:

Description Type
Staff Report Staff Report
Attachment 1-CCReso Addendumto EIRStation East Resolution Attachment 1-Exhibit A-Addendumto EIR Attachment
Attachment 2-CCOrdinance DAAmendment Ordinance
Attachment 2_Exhibit A-First Amendment to DA Attachment Attachment 3-CCReso Tentative Map Amendment Resolution
Attachment 3_Exhibit A-Tentative Map Amendment Sheets Attachment Attachment 4-CCReso PA 4 Station East Resolution
Attachment 4_Exhibit A-Project Plans for PA 4 Attachment Attachment 5-CCReso PA 9-10 Station East Resolution
Attachment 5_Exhibit A-Project Plans for PA 9-10 Attachment Attachment 6-Staff Reports to PCfor 4-6-23 Attachment
Attachment 7-Desk Itemdated 4-6-23 Attachment
Attachment 8_Draft PCMinutes 4-6-2023 Attachment
Attachment 9_PCReso-Addendumto EIR Attachment
Attachment 10_PCReso-Amendments to DA and TM Attachment Attachment 11_PCReso-PA 4_SD-22-003 Attachment
Attachment 12_PCReso_PA 9-10_SD-22-004 Attachment
Attachment 13_Letter fromCharles Cameron_4-11-23 Attachment Public Comment - Wallace Attachment
Power Point Attachment
City Council/RSA Agenda 110 Tuesday, April 25, 2023
Agenda Item
DATE: 4/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC & COMMUNITY

DEVELOPMENT DIRECTOR
SUBJECT: PUBLIC HEARING FOR UPDATES TO THE STATION EAST MIXED USE / RESIDENTAL PROJECT (APNS 87-21-5-2, 87-21-13-1, 98-21-13-2, 87-23- 10, 87-23-12, AND 87-23-13-2) SPONSORED BY THE STATION EAST OWNER, LLC. SPECIFIC ACTIONS INCLUDE:
 ADOPTION OF A RESOLUTION ADOPTING AN ADDENDUM TO

THE STATION EAST MIXED USE / RESIDENTIAL PROJECT (SCH
2020039032);
 INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF

UNION CITY APPROVING AN AMENDMENT TO THE STATION

EAST MIXED USE / RESIDENTIAL PROJECT DEVELOPMENT
AGREEMENT (ADA-23-001);
 ADOPTION OF A RESOLUTION APPROVING AN AMENDMENT TO
TENTATIVE TRACT MAP 8251 (ATM-23-001);
 ADOPTION OF A RESOLUTION APPROVING SITE DEVELOPMENT
REVIEW FOR PLANNING AREA 4 WITHIN THE PROJECT SITE
(APN 0087-0022-013-02 [PORTION]) (SD-22-003); AND
 ADOPTION OF A RESOLUTION APPROVING SITE DEVELOPMENT
REVIEW FOR PLANNING AREA 9/10 WITHIN THE PROJECT SITE
(APN 0087-0022-013-02 [PORTION]) (SD-22-004).

City Council/RSA Agenda 111 Tuesday, April 25, 2023
Staff recommends that the City Council hold a public hearing to consider the applications sponsored by The Station East Owner, LLC (a subsidiary of Integral Communities) related to the Station East Residential Mixed Use Project (“Station East Project”) located on 26.5 acres on property generally bounded by Decoto Road to the north, 7th Street to the east, Bradford Way to the south and the UPRR Niles Subdivision rail line to the west.

The applicant is proposing amendments to the Station East Project scope including a reduction in the number of total units from 974 to 894 and corresponding reduction in the number of affordable units, a minor reduction in commercial square footage from 30,770 to 29,098 sq. ft., and minor updates to circulation and Planning Area (PA) and park boundaries. The applicant has also submitted Site Development Review applications for development of PA 4 and PA 9/10 with multi-family residential units. Staff further recommends the City Council:
 Adopt a Resolution (Attachment 1) adopting an Addendum to the Station East Project Environmental Impact Report (SCH 2020039032);
 Introduce an Ordinance (Attachment 2) approving an amendment to the Station East Project Development Agreement (ADA-23-001);
 Adopt a Resolution (Attachment 3) approving an amendment to the Station East Project Tentative Tract Map 8251 (ATM 23-001);
 Adopt a Resolution (Attachment 4) approving Site Development Review for PA 4 within the Station East project site (SD-22-003); and
 Adopt a Resolution (Attachment 5) approving Site Development Review for PA 9/10 within the Station East Project site (SD-22-004).

The applications were reviewed by the Planning Commission at a public hearing on April 6, 2023.

The Commission recommended adoption of the Addendum on a 5-0 vote, approval of the amendments to the Development Agreement and Tentative Tract Map on a 5-0 vote, and approval of the Site Development Review applications for PA 4 on a 5-0 vote and PA 9/10 on a 4-1 vote.

Attached to this staff report are the consolidated Planning Commission Staff Reports (Attachment 6), Planning Commission Desk Item (Attachment 7), Planning Commission Draft Meeting Minutes (Attachment 8) and Draft Commission Resolutions for the various actions (Attachments 9-12).

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

City Council/RSA Agenda 112 Tuesday, April 25, 2023
 Goal C, Strategy 5: Promote housing development for all income levels in the community.
 Goal C, Strategy 8: Prioritize and expedite major land use development applications.

BACKGROUND
Figure 1 shows the boundary of the Station East Project, which is a master planned community approved by the City Council in June 2021. The Station East Project approved up to 974 multifamily units, 30,800 sq. ft. of ground floor commercial uses along Decoto Road, new parks, and a new circulation network spread throughout 11 PAs. The following summarizes the prior approvals associated with the 2021 entitlement process and the subsequent Station District Specific Plan approval process, which apply to the project site.

Overview of Prior Approvals
General Plan, Station District Specific Plan, and Zoning Amendments The site has a General Plan designation of Station East Mixed Use Residential. The General Plan amendments adopted with the Station District Specific Plan in October 2022 created this new designation and applied it to the Station East Project site shown in Figure 1 as well as the sites noted as “Not Part of the Integral Project” along 7th Street. The purpose of the designation is to establish a high density, transit-oriented, walkable residential and commercial district which allows for multi-family residential uses and mixed-use residential uses with ground floor commercial uses along the site’s major thoroughfares.

An amendment to the Decoto Industrial Park Study Area (DIPSA) Specific Plan (SP-20-001) was approved as part of the Station East Project by Resolution No. 5776-21 on June 8, 2021 that included goals, policies, and design standards for the Station East Project site. This amendment was later incorporated into the Station District Specific Plan adopted by Resolution No. 6027-22 on October 25, 2022.

The zoning designation of Station East Mixed Use Residential (SEMU-R) was created by Ordinance No. 884-21 (AT-20-001) and applied to the subject property by Ordinance No. 885-21 (A-20-001), both adopted on June 22, 2021. The SEMU-R regulations were amended as part of the adoption of the Station District Specific Plan by Ordinance 903-22 (AT-22-005). The SEMUR regulations are contained in Chapter 18.37 of Title 18, Zoning.

City Council/RSA Agenda 113 Tuesday, April 25, 2023
Figure 1 - Location Map of Planning Areas in Station East Residential Mixed Use Project Development Agreement
A Development Agreement (DA) with The Station East Owner, LLC for the Station East Project (DA-20-001) was approved by Ordinance No. 886-21 on June 22, 2021. The initial term is ten years, with a potential for extension(s) of up to two years. The DA addresses a variety of issues including:
 Vested development standards allow the developer to plan the development over several years without being impacted by new regulations and fees.  Permitted uses are established that help the City achieve its goals for the area.  The phasing plan requires completion of backbone infrastructure and improvements in phases.
 Community Facilities District(s) to offset the fiscal imbalance resulting from the previous redevelopment agency bonds on the property, off-set the costs of City services, and help finance the infrastructure.

City Council/RSA Agenda 114 Tuesday, April 25, 2023
 Public improvements include enhanced vehicular and pedestrian crossing improvements of the UPRR’s Niles Subdivision Crossing, new traffic signal at 9th Street and Decoto Road, upgraded traffic signal at 7th Street and Decoto Road, upgraded bus stops, additional public parking adjacent to Shorty Garcia Park and inside the parking garage at 7th Street and Decoto Road, public parks, and neighborhood parks, plazas, and paseos some of which will be maintained by the homeowners’ association but be open to the public.  Affordable housing that reaches lower income levels of affordability than typically provided.
 Offer of dedication for the future pedestrian crossing to the BART station in the area located south of the future Bradford Way extension.
 Youth hiring program for the construction phase of the project.

The DA functioned as the project’s Master Plan approval. The Station East Project included some detail on future development of the various PAs, which informed the unit count, PA boundary, circulation network, etc. but did not provide much detail on building design, or other details specific to development of the individual PAs, which is necessary for Site Development Review approval per the City’s Municipal Code. As such, development of individual PAs are subject to Site Development Review.

Station East Tentative Tract Map 8251
Tentative Tract Map 8251 (TTM-20-001) was approved by Resolution No. 5777-21 on June 8, 2021. The Tentative Tract Map divides the property into parcels that can be developed in phases with different product types. The Planning Areas with for-sale units will also be further subdivided into condominiums. The Tentative Tract Map also includes proposed dedications of land to the City for public purposes such as streets and parks, as well as easements for various purposes.

DISCUSSION
The applicant is proposing amendments to the Station East Project scope including a reduction in the number of total units from 974 to 894 and corresponding reduction in the number of affordable units, a minor reduction in commercial square footage from 30,770 to 29,098 sq. ft., and minor updates to the PA and park boundaries as well as the street configuration. These amendments necessitated amendments to the DA and Tentative Tract Map for the Station East Project.

Additional amendments to the DA are also proposed. Site Development Review applications for development of PA 4 and PA 9/10 with multi-family residential units are also under consideration.

These various project components are collectively referred to as the “proposed project.” See below for an overview of the proposed project and the Planning Commission staff report for a more detailed overview (Attachment 6).

City Council/RSA Agenda 115 Tuesday, April 25, 2023
Addendum to Previously Certified EIR
The proposed project is within the scope of the Station East Residential/Mixed Use Project Environmental Impact Report (EIR) (State Clearinghouse No. 2020039032) certified on June 8, 2021 and staff recommends adoption of the Addendum (Attachment 1 – Exhibit A). Due to the reduction in the number of units, the proposed project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts previously evaluated in the EIR. In addition, no new information has been identified since certification of the EIR , which would impact any of the document’s conclusions or mitigations.

Development Agreement Amendment (ADA-23-001)
A “First Amendment to Development Agreement by and between the City of Union City and The Station East Owner, LLC for the Station East Project” (“DA Amendment”) (Attachment 2 - Exhibit A) is proposed to reflect updates to the Station East Project. Specific provisions of the DA Amendment are summarized below.
1) Adjust the number of housing units from 974 to 894 units and corresponding adjustments to affordable housing requirements and Planning Area unit counts.

The table of allowed uses in Section 2.1.1 of the Development Agreement would be modified to change the total units from 974 to 894 and the commercial square footage from 30,770 to 29,098.

Changes in unit count by PA are shown in Table 1 below. The major changes include a reduction of 84 units on PA 4 and 22 units on PA 9/10. These changes are reflected in the Site Development Review applications under consideration. The applicant is also proposing minor increases in unit counts for PA 1 and PA 2 as well as a change from ownership to rental units on PA 2. Site Development Review applications for these PAs will be coming up for review at a later date. To avoid having to modify the DA at that time, the DA Amendment reflects the anticipated changes to the unit counts for these PAs. The applicant provided feedback that changing market conditions and high construction costs are the primary reasons for the proposed changes.

The reduction in the number of units results in a reduction in the number of affordable housing units required. This change is reflected in the DA amendments (Item # 6 and #7 in the DA Amendment). With a total of 894 units, the 15% affordable units required is 134.1 units. PA 3 will provide 122 affordable rental units (no change from what was previously approved). The number of affordable units provided in PA 1 will be reduced from 24 units to 12 units. The bedroom mix for the affordable units in PA 1 retains the same proportions as the approved DA, including five (5) three-bedroom units. The developer will pay the City’s affordable housing in-lieu fee for the

0.1 unit. On a related note, PA 3 obtained Site Development Review approval on July 12, 2022, and the affordable housing developer is working on construction documents.

City Council/RSA Agenda 116 Tuesday, April 25, 2023
Table 1: Station East Project Unit Changes
PA 1 PA 2 PA 3 PA 4 PA
5/6
PA
7/8
PA
9/10
PA
11A
Total
Units
Renter
/
Owner
2021
Approvals
Apt Condo Apt Condo TH Condo Condo TH
253 136 123 134 72 120 100 36 974 376
/ 598
2023
Proposal
Apt Apt Apt Condo TH Condo Condo TH
256 159 123 50 72 120 78 36 894 538
/ 356
Change +3 +23 -84 -22 -80
2) Clarify obligations related to the Master Homeowners Association and Community Facilities District.

The DA Amendment includes a proposed change to the section related to the Master Homeowners’ Association (HOA) to clarify that all legal parcels and condominium units will be included in the Master HOA. With the increase in the percentage of rental units, it is important to clarify that all properties will participate in and contribute to the obligations that will be the responsibility of the Master HOA.

The DA establishes priorities for creation of one or more Community Facilities District (CFD) for various purposes. The section of the DA Amendment related to the CFD clarifies that both rental and ownership residential units will be subject to the same tax rate for the special tax imposed for services and maintenance costs as well as the Fiscal Impact CFD that will compensate the City for the temporary fiscal imbalance during the time the redevelopment agency bonds are being paid off. For the remaining CFD priorities (construction of infrastructure and parks and the payment of other agency fees, such as sewer and water), the developer has indicated their intent is to impose special taxes on only the ownership residential units and not the properties of rental units. 3) Add a provision to make efforts to capture additional sales/use tax.

The DA Amendment includes a new section, Section 2.19, that would require the Developer to use commercially reasonable efforts, to the extent allowed by law, to have the City receive the full local use tax portion of the sales and use tax distributed directly to the City. 4) Adjust the provisions under which an Operating Memorandum can permit minor changes.

City Council/RSA Agenda 117 Tuesday, April 25, 2023
The DA established that an Operating Memorandum could make minor clarifications to the DA to provide future flexibility. The DA Amendment establishes that an increase or decrease of no more than 2% of the total number of units in a PA or no more than 10% of the total number of units could be adjusted using this provision.
5) Updates to exhibits for consistency with the Tentative Map Amendment (ATM-23-001).

Amended exhibits to reflect the changes in the proposed project are included for:
 Exhibit B: Site Plan;
 Exhibit D: Permitted Density and Intensity of Use; and  Exhibit H: Parks and Opens Space Depiction.

Tentative Tract Map Amendment (ATM-23-001)
An amendment is proposed to the approved Tentative Tract Map (ATM-23-001) (Attachment 3, Exhibit A) to reflect some project updates related to street and park improvements primarily adjacent to PA 9/10 as well as revised lot configurations for PA 2 and PA 4. See Figures 2 and 3 showing the approved and updated Tentative Tract Maps.

Neighborhood Park C. Based on changes to the building footprint for PA 9/10 from what was previously included in the Station East Project, the size of Neighborhood Park C was reduced from 9,361 square feet (0.21 acres) to 4,016 square feet (0.09 acres) in order to maintain the size of the detention basin. The park also functioned as required emergency vehicle access (EVA). The detention basin lost area from what was previously envisioned due to the need for driveway access to the rear of the buildings on PA 9/10 and the need for an additional 4’ of additional depth to the building parcels to reduce the number of driveway openings needed on 9th Street. For more information regarding the development proposed on PA 9/10, see discussion below.

Although Neighborhood Park C was reduced in size, the park’s amenities will generally remain the same and in some instances will be enhanced. This is attributed to the fact that the park is no longer needed for EVA access due to the current building / site configuration. The park includes a contemplative arrangement of walkways and plantings, including a labyrinth pattern in the pavement in the center of the park. Curved tapered steel retaining walls line the edges of the labyrinth and paths leading to it. In addition to a central walkway to the labyrinth and the western edge of the park, a curved pathway circles the labyrinth area. Along the curved paths are curved benches, boulders, and sculptures. A Coast Live Oak tree is proposed at the western end of the park. Fencing is also proposed at the westerly end that would accommodate educational signage highlighting the hydrological and habitat benefits of the basin.

Detailed plans for Neighborhood Park C, along with the other park amenities approved as part of the 2021 approvals, are currently being reviewed by City staff and the City’s outside landscape architect. Once the plans have been signed off by City staff, they will be brought to the Parks and City Council/RSA Agenda 118 Tuesday, April 25, 2023
Recreation Commission for their review and approval. This is anticipated to occur in Summer 2023.

L Street Extension. At the north and south ends of PA 9/10, the current Tentative Map shows future roadway extensions for L Street and Bradford Way over the existing UPRR Niles Subdivisions as an offer of right-of-way dedication 62’ in width. This was provided for as a contingency should the railroad ever stop using the tracks and a crossing becomes feasible.

The proposed Tentative Map Amendment changes the proposed L Street offer of dedication to include an easement or an irrevocable offer of dedication over Parcel G. The main reason for the change is due to the detention basin being elongated to further compensate for the reduction in basin size described above. The applicant is also proposing to utilize a portion of Parcel G as parking for the adjacent development.

PA 2 and PA 4 Lot Configuration. The Tentative Map Amendment also includes adjustments to the lot configuration for PA 2 and PA 4 for consistency with the updated building and site configurations proposed by the Site Development Review applications under consideration.

Site Development Review - PA 4 (SD-22-003)
The proposed development on PA 4 includes 50 condominium units with frontages on 8th Street, 9 th Street and “L” Street. (Note: L Street will be renamed on the Final Map.) The applicant has explained that since the original entitlements were approved in June of 2021, construction costs have increased dramatically, and market conditions have changed significantly resulting in changes to the building design on PA 4. The prior design was particularly impacted by cost increases given the size of the building and subterranean parking garage.

The development includes six (6) residential buildings. Two (2) of the buildings face 8 th Street and
one (1) faces 9
th Street with garages accessed from private streets in the rear. Three (3) buildings face internal private streets or walkways with garage access from private streets in the rear. The buildings are four stories with each unit having an individual two-car garage. Building heights are 48’ to the top of the parapet. The units are all three bedrooms, ranging in size from 1,544 to 2,275 square feet. See Figure 4 for a site plan of PA 4.

The buildings are designed with a contemporary or “Modern” vocabulary and color palette in keeping with the design policies contained in the Station East Residential / Mixed Use Project Specific Plan Amendment. The buildings also include a variety of exterior materials to further break up the massing. See Figure 5 for a rendering of the proposed development. These design policies are intended to build upon the successful designs of Union Flats Apartments and Station Center Apartments. The project is consistent with applicable General Plan, Specific Plan, and Zoning requirements and would assist the City with meeting its Housing Element goals.

City Council/RSA Agenda 119 Tuesday, April 25, 2023
Figure 2 - Excerpt from Approved Tentative Map for PA 9/10 Figure 3 - Excerpt from Proposed Tentative Map Amendment for PA 9/10 City Council/RSA Agenda 120 Tuesday, April 25, 2023
Figure 4 - PA 4 Site Plan Figure 5 - PA 4 Building Rendering Planning Area 9/10 – SD-22-004
The proposed development on PA 9/10 includes 50 condominium units within 4 buildings with frontages on L Street, 9th Street and Bradford Way. (Note: L Street will be renamed on the Final Map.) The applicant provided feedback that the condominium product originally planned for PA 9/10, which included 100 units spread over two buildings, was too expensive to build due to the large spans of structural steel required. This design also included a large number of one-bedroom homes with all the parking in a common garage in each building. Increased costs and changes in market conditions have made this product infeasible. The proposed design retains the basic concept of the original approval (4 story, elevator served condominiums) but in smaller, easier to construct buildings with more private parking and fewer one-bedroom units to address market demands.  See Figure 6 for a site plan of the proposed development and Figure 7 for a rendering of one of the corner buildings.

The development includes four (4) residential buildings all with lobby entries facing 9th Street. The buildings at the northern and southern ends each have 21 units (referenced on the plans as “Cosmo-21”); the two middle buildings have 18 units each (referenced on the plans as “Cosmo-18”). The parking in each building includes a mix of one- or two-car individual garages accessed from the exterior and a shared garage in the center. In order to minimize the number of driveway openings on 9th Street, two small driveways were added at the rear of the 21-unit buildings to provide access to the shared interior garage of each building. This was a factor in the reconfiguration of the basin as discussed above.

The buildings are designed with a contemporary or “Modern” vocabulary and color palette in keeping with the design policies contained in the Station East Residential / Mixed Use Project Specific Plan Amendment. The buildings also include a variety of exterior materials to further break up the massing. 8TH STREET
City Council/RSA Agenda 121 Tuesday, April 25, 2023
The project is consistent with applicable General Plan, Specific Plan, and Zoning requirements and would assist the City with meeting its Housing Element goals.

Figure 6-PA 9/10 Site Plan
Figure 7-PA 9/10 Building Rendering
Planning Commission Review
The Planning Commission reviewed the proposed project at their April 6, 2023 meeting. Attached to this staff report are the consolidated Planning Commission Staff Reports (Attachment 6), Planning Commission Desk Item (Attachment 7), Planning Commission Draft Meeting Minutes (Attachment 8) and Draft Commission Resolutions for the various actions (Attachments 9-12). The Commission asked Detention Basin
Neighborhood
Park C
City Council/RSA Agenda 122 Tuesday, April 25, 2023
several clarifying questions, and a Desk Item was prepared to respond to feedback received from Commissioner Lew and a member of the public.

The Commission recommend adoption of the Addendum on a 5-0 vote, approval of the amendments to the Development Agreement and Tentative Tract Map on a 5-0 vote, and approval of the Site Development Review applications for PA 4 on a 5-0 vote. During the vote on the PA 9/10 approval motion, Commissioner Sandhu asked whether she had time to visit the Warm Springs developments referenced in the discussion during the meeting. Staff explained that since a motion had been made and other Commission members had already voted, she would need to vote on the motion to close it out.

Commissioner Sandhu subsequently voted “no” on the motion and it passed on a 4-1 vote.

As mentioned above, a Desk Item was prepared for the Planning Commission that addressed questions from Commissioner Lew and a letter received from Charles Cameron. Following the Planning Commission public hearing, a second letter was received from Charles Cameron (Attachment 13). Mr.

Cameron’s comments pertain primarily to issues with The Marketplace Shopping Center, the BART Station, and traffic on Decoto Road and Perry Road but not the Station East Project. In response to his question about the location of the Station East Owner, LLC, the location is the Northern California Division office of Integral Communities in Dublin, California.

CONCLUSION
The proposed amendments to the Station East Project DA and Tentative Map and the related Site Development Review applications for PA 4 and PA 9/10 are consistent with applicable General Plan, Specific Plan, and Zoning requirements. meeting. These updates will facilitate the build-out of the Station East project by making the project more feasible and responsive to market trends.

The proposed project is within the scope of the Station East Residential/Mixed Use Project Environmental Impact Report (EIR), which determined that all potential impacts could be mitigated to a level of less-than-significant with incorporation of mitigation measures, as documented in the Addendum to the EIR.

The Planning Commission recommended approval of the amendments, Site Development Review applications and CEQA clearance at their April 6, 2023 meeting.

FISCAL IMPACT
In the long-term, the project will have a positive fiscal impact in that the revenues (i.e., sales and property taxes and other City revenues) generated by the project will not exceed costs for services. This determination is not impacted by the proposed project amendments. In the short term, due to the inclusion of the property in a Redevelopment Successor Agency (RDA) Area, much of the property tax revenue generated from the project site is subject to bond repayments, pass-throughs and obligations to other agencies. Due to this circumstance, it was previously determined that the net fiscal impact of the City Council/RSA Agenda 123 Tuesday, April 25, 2023
project is projected to be negative by approximately $331,850 annually until 2033 when the first set of bonds are repaid and something less than the full property tax revenue until 2038 when the remaining bonds are paid off. To address this issue, the applicant has proposed to compensate the City for the temporary loss of property tax revenue by including this amount in the CFD, which will be paid by the property owners on a yearly basis. Please note that an updated Fiscal Impact Study is underway, which takes into consideration updated assumptions including homes sales price, reduced unit count, etc. so the net fiscal impact may change.

RECOMMENDATION
Staff recommends that the City Council hold a public hearing on the proposed project, then take the following actions:
 Adopt a Resolution (Attachment 1) adopting an Addendum to the Station East Project Environmental Impact Report (SCH 2020039032);
 Introduce an Ordinance (Attachment 2) approving an amendment to the Station East Project Development Agreement (ADA-23-001);
 Adopt a Resolution (Attachment 3) approving an amendment to the Station East Project Tentative Tract Map 8251 (ATM 23-001);
 Adopt a Resolution (Attachment 4) approving Site Development Review for PA 4 within the Station East project site (SD-22-003); and
 Adopt a Resolution (Attachment 5) approving Site Development Review for PA 9/10 within the Station East Project site (SD-22-004).

Prepared by:

Leslie Carmichael, Consulting Planner
Submitted by:

Carmela Campbell, Economic and Community Development Director Attachments:
 Attachment 1: Resolution Adopting the Addendum to the EIR for the Station East Mixed Use / Residential Project
City Council/RSA Agenda 124 Tuesday, April 25, 2023
o Exhibit A: Addendum
 Attachment 2: Ordinance Adopting the First Amendment to Development Agreement by and between the City of Union City and The Station East Owner, LLC for the Station East Project o Exhibit A: First Amendment to Development Agreement
 Attachment 3: Resolution Approving an Amendment to Tentative Tract Map 8251 (ATM-23-001) o Exhibit A: Tentative Map Amendment Sheets
 Attachment 4: Resolution Approving Site Development Review for PA 4 within the Station East Project (SD-22-003)
o Exhibit A: Project Plans for PA 4
 Attachment 5: Resolution Approving Site Development Review for PA 9/10 within the Station East Project (SD-22-004)
o Exhibit A: Project Plans for PA 9/10
 Attachment 6: Staff Reports to the Planning Commission dated April 6, 2023  Attachment 7: Desk Item dated April 6, 2023
 Attachment 8: Draft Minutes from April 6, 2023 Meeting  Attachment 9: Planning Commission Resolution Recommending City Council Adoption of an Addendum to the EIR for the Station East Mixed Use / Residential Project  Attachment 10: Planning Commission Resolution Recommending City Council Adoption of an Amendment to the Development Agreement for the Station East Project (ADA-23-001) and an Amendment to Tentative Tract Map 8251 (ATM-23-001)
 Attachment 11: Planning Commission Resolution Recommending City Council Approval of Site Development Review for PA 4 in the Station East Project (SD-22-003)  Attachment 12: Planning Commission Resolution Recommending City Council Adoption of Site Development Review for PA 9/10 in the Station East Project (SD-22-004)  Attachment 13: Letter from Charles Cameron, dated April 22, 2023 City Council/RSA Agenda 125 Tuesday, April 25, 2023
ATTACHMENT 1
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ADOPTING AN

ADDENDUM TO THE STATION EAST RESIDENTIAL / MIXED USE PROJECT

ENVIRONMENTAL IMPACT REPORT
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) (State Clearinghouse No. 2020039032) for the Station East Residential / Mixed Use Project was prepared; and WHEREAS, by Resolution No. 5774-21, duly adopted by the City Council of Union City on June 8, 2021, the EIR for the Station East Residential / Mixed Use Project was certified, Required CEQA Findings regarding Mitigations and Alternatives were adopted, and a Mitigation Monitoring and Reporting Program was adopted; and
WHEREAS, by Resolution No. 5775-21, duly adopted by the City Council of Union City on June 8, 2021, there was adopted a General Plan Amendment (AG-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, by Resolution No. 5776-21, duly adopted by the City Council of Union City on June 8, 2021, there was adopted a Specific Plan Amendment (SP-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, by Ordinance No. 884-21, duly adopted by the City Council of Union City on June 22, 2021, there was adopted a Municipal Code Amendment (AT-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, by Ordinance No. 885-21, duly adopted by the City Council of Union City on June 22, 2021, there was adopted a Zoning Map Amendment (A-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, by Ordinance No. 886-21, duly adopted by the City Council of Union City on June 22, 2021, there was adopted a Development Agreement (DA-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, by Resolution No. 5777-21, duly adopted by the City Council of Union City on June 8, 2021, approved a Tentative Tract Map (TTM-20-001), in support of the Station East Residential / Mixed Use Project; and
WHEREAS, the property owner, The Station East Owner, LLC, has submitted applications to amend the previously approved Development Agreement and Tentative Map; and WHEREAS, the property owner, The Station East Owner, LLC, has submitted applications for Site Development Review of Planning Area 4 and Planning Area 9/10 within the Station East Residential Mixed Use Project; and
City Council/RSA Agenda 126 Tuesday, April 25, 2023
Resolution No. XXXX-23

WHEREAS, Section 15164 of the CEQA Guidelines provides that an addendum to a previously adopted environmental impact report or mitigated negative declaration may be prepared if only minor technical changes or additions to the project are necessary or none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent environmental impact report or negative declaration have occurred; and WHEREAS, the City has prepared an Addendum to the Station East Residential / Mixed Use Project EIR for the 2023 Project Amendments (“Addendum”), which determined that none of the conditions described in CEQA Guidelines section 15162 will occur; and WHEREAS, the Addendum was posted to the City’s website and referenced in the public notice for the April 6, 2023 Planning Commission public hearing; and WHEREAS, a staff report, dated April 6, 2023 and incorporated herein by reference, described and analyzed the 2023 Project Amendments and Addendum for the Planning Commission; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution 3-23 recommending that the City Council adopt the Addendum, all in compliance with the requirements of CEQA; and
WHEREAS, a staff report, dated April 25, 2023 and incorporated herein by reference, described and analyzed the 2023 Project Amendments and Addendum for the City Council; and WHEREAS, the City Council reviewed the staff report, and the 2023 Project Amendments and Addendum at a noticed public hearing on April 25, 2023, at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Addendum, reflects the City’s independent judgment and analysis on the potential for environmental impacts; and
WHEREAS, none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the changes that are part of the 2023 Project Amendments identified in the Addendum would not result in any significant impacts not considered under the original 2040 General Plan EIR; and
WHEREAS the Addendum is labeled Exhibit A, attached hereto and made a part hereof, is available for review on the City’s website at https://www.unioncity.org/199/City-MeetingsVideo, and at the Economic and Community Development Department at City Hall during normal business hours. The location and custodian of the Addendum and other documents that constitute the record of proceedings for the Station East Residential / Mixed Use Project is the City of Union City Economic and Community Development Department, 34009 Alvarado-Niles Road, Union City, CA 94587.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City Council/RSA Agenda 127 Tuesday, April 25, 2023
Resolution No. XXXX-23

City hereby certifies and declares as follows:

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

B. The City Council independently reviewed and considered the information contained in the Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report, as well as all other information (both written and oral) provided by City staff, City consultants, and the Public to the City Council at its April 25, 2023 meeting relating to the Addendum, prior to approving the 2023 Project Amendments.

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

D. The Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report is the appropriate CEQA document for the project and has been prepared in compliance with CEQA and the CEQA Guidelines. The Addendum has been prepared as required by law and the document reflects the independent judgement and analysis of the City of Union City, which has exercised overall control and direction of its preparation.

BE IT FURTHER RESOLVED THAT: the City Council hereby adopts the Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report in compliance with the requirements of CEQA.

City Council/RSA Agenda 128 Tuesday, April 25, 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 25th day of April 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 129 Tuesday, April 25, 2023

ADDENDUM TO THE STATION EAST RESIDENTIAL / MIXED USE

PROJECT ENVIRONMENTAL IMPACT REPORT (STATE
CLEARINGHOUSE NO. 2020039032)
A. EXECUTIVE SUMMARY
The City of Union City, as the lead agency under the California Environmental Quality Act (CEQA), has prepared this Addendum, to the Station East Residential/Mixed Use Project Environmental Impact Report (State Clearinghouse No. 2020039032) certified on June 8, 2021 (2021 EIR). The 2021 EIR analyzed the potential environmental impacts of the 974-unit Station East Residential / Mixed Use Project (2021 Project). This Addendum evaluates changes to the Station East Residential / Mixed Use Project (2023 Project Modifications) that have been proposed since certification of the 2021 EIR.

This Addendum is prepared pursuant to CEQA Guidelines Section 15164 which states: “The lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” Section 15162 specifies that no subsequent EIR shall be prepared for a project unless:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative.

The 2023 Project Modifications include:

1. A reduction in the number of units from 974 to 894 units.

2. A change in unit type from 598 ownership and 376 rental (total of 974 units) to 356 ownership and 538 rental (total of 894 units).

City Council/RSA Agenda 130 Tuesday, April 25, 2023

3. Reallocation of a portion of Neighborhood Park C to the detention basin to facilitate an increase in the size of the detention basin, reducing Neighborhood Park C from 9,361 square feet to 4,016 square feet and increasing the detention basin from 43,191 square feet to 49,528 square feet.

4. Change in the extension of “L Street” from an offer of dedication of a 62’ wide public right-of-way to provide an easement or an irrevocable offer of dedication ranging in width from 52’ to approximately 93’ wide to allow the City to make future improvements should this street need to be extended to the west.

5. Change in the lotting pattern for PA 2, PA 4, and PA 9/10 to align with the updated designs.

6. Clarification that the previously approved alternative configuration of the new signalized intersection at Decoto Road/9th Street would include 245 square feet of property owned by PG&E to accommodate the new intersection.

7. An amendment of the Tentative Map dated March 28, 2023 to reflect Items 1-5 above.

8. A “First Amendment to Development Agreement By and Between the City of Union City and the Station East Owner, LLC for the Station East Project” (DA Amendment) to reflect items 1-5 above and other terms of the Development Agreement related to the Community Facilities District, Affordable Housing, Sales/Use Tax, and Operating Memorandum.

The City of Union City has reviewed the 2023 Project Modifications described above. Based on the analysis in this Addendum, the City has concluded that there are no substantial project changes, no substantial changes in the project circumstances, and no new information of substantial importance which could not have been known with the exercise of reasonable diligence when the 2021 EIR was certified, that would result in any new significant effects or any increase in the severity of a previously identified significant effect. Therefore, under CEQA section 21166 and CEQA Guidelines sections 15162 and 15164, no further environmental review is required.

The 2021 EIR adequately addresses the environmental effects of the 2023 Project Modifications and the City does not need to prepare a Subsequent or Supplemental EIR to satisfy the environmental review requirements of CEQA for purposes of the 2023 Project Modifications. The 2023 Project Modifications constitute a minor change of the 2021 EIR project description and this change would not result in significant environmental effects beyond those already identified in the 2021 EIR.

B. PRIOR PROJECT APPROVALS AND ENVIRONMENTAL REVIEW
On June 8, 2021, the City Council certified the 2021 EIR for the 2021 Project and adopted Findings regarding significant environmental impacts, including adoption of a Mitigation and Monitoring and Reporting Program (MMRP).

The 2021 EIR prepared for the 2021 Project in accordance with CEQA concluded that all impacts would be mitigated to a less-than-significant level with implementation of the 2021 EIR’s mitigation measures included in the MMRP.

C. 2023 PROJECT MODIFICATIONS
The 2023 Project Modifications are described in more detail below. • A reduction in the number of units from 974 to 894 units. • A change in unit type from 598 ownership (61%) and 376 (39%) rental for a total of 974 units to 356 ownership (40%) and 538 rental (60%) for a total of 894 units.

City Council/RSA Agenda 131 Tuesday, April 25, 2023
As shown in Table 1, the 2023 Project Modifications would decrease the total units from 974 to 894. At the same time, this would change the unit mix to include a higher proportion of rental units.

Table 1: Units by Planning Area - 2021 Approval and 2023 Proposed Modifications PA1 PA2 PA 3 PA 4 PA 5 & 6 PA 7 & 8 PA 9 & 10 PA 11A TOTAL 2021 Approval:

Unit Type AptsRetailCondoRetailApts Condo TownhouseCondo Condo Townhouse Units 253 136 123 134 72 120 100 36 974
2023 Proposed Modifications:

Unit Type AptsRetailAptsRetailApts Condo TownhouseCondo Condo Townhouse Units 256 159 123 50 72 120 78 36 894
These changes in units by Planning Area are included in the Tentative Map Amendment on an amended Sheet C-1A in a revised Site Summary Table.

These changes in units by Planning Area are included in the DA Amendment in a revised Section 2.1.1 “Permitted Uses”.
• Reallocation of a portion of Neighborhood Park C to facilitate an increased in the size of the detention basin, reducing Neighborhood Park C from 9,361 square feet to 4,017 square feet and increasing the detention basin from 43,191 square feet to 49,528 square feet.

Neighborhood Park C is in the middle of the 9
th Street frontage of PA 9/10. The 2021 Approval includes Neighborhood Park C at 9,361 square feet, extending from 9th Street to the western boundary of Station East and thereby splitting the detention basin into two parts. The 2023 Proposal includes a reduced Neighborhood Park C at 4,017 square feet, extending from 9th Street to the western boundary of PA 9/10. This facilitates merging the two detention basins into one basin and increasing the size of the detention basin from 43,191 square feet to 49,528 square feet. This change in the configuration and size of lots and parcels including Neighborhood Park C and the detention basin is included in the Tentative Map Amendment on Sheet C-5A. • Change in the extension of “L Street” adjacent to PA 9 from an offer of dedication of a 62’ wide public right-of-way to provide an easement or an irrevocable offer of dedication ranging in width from 52’ to approximately 93’ wide to allow the City to make future improvements should this street need to be extended to the west.

The 2021 approvals included an offer of dedication for the potential future extension of L Street in order to cross the adjacent PG&E property and UPRR property to connect with Cheeves Way. The proposed amendment to the Tentative Map would continue to allow a future connection if that becomes feasible in the future, but with an irrevocable offer of dedication for a public access easement and easement rights to make improvements over Parcel G, which varies in width rather than the previous 62’ wide public right-of-way in the 2021 Project. This change in the configuration of lots and parcels for the L Street extension and the change in the offer of dedication for the L Street extension is included in the Tentative Map Amendment on Sheet C-5A, as shown below.

City Council/RSA Agenda 132 Tuesday, April 25, 2023
Figure 1 - Excerpt from Tentative Map Amendment for PA 9/10 • Change in the lotting pattern for PA 2 and PA 4 to align with the updated designs.

The 2021 Project included two lots each on PA 2 and PA 4. The 2023 Project Modifications includes a change in the product type on PA 2 from condominiums to rental apartments and a change on PA 4 from two five-story condominiums buildings served by two shared garages to a different style of condominiums served by individual garages. The revised lotting pattern in the 2023 Project Modifications includes one lot on PA 2 and six lots plus parcels for the private streets on PA 4.

City Council/RSA Agenda 133 Tuesday, April 25, 2023
Figure 2-Excerpt from Tentative Map Amendment for PA 2 and PA 4 • Clarification that the previously approved alternative configuration of the new signalized intersection at Decoto Road/9th Street would include 245 square feet of property owned by PG&E to accommodate the new intersection.

The Tentative Map approval included an “Alternative 9th St. & Decoto Rd. Intersection” configuration on Sheet C-2 that included a small corner of the adjacent PG&E property in order to provide an adequate sidewalk at the southwest corner. The approximately 245 square foot area is located generally between the two curb ramps shown at the southwest corner of the intersection in Figure 2, below. Although the 2021 EIR stated that the project City Council/RSA Agenda 134 Tuesday, April 25, 2023
would not modify the current right-of-way on Decoto Road (2021 EIR p. 4.14-31) and also that the traffic improvements “will be reviewed by the City to confirm compliance with applicable design standards, which will ensure that the improvements would not increase hazards” (2021 EIR p. 4.14-34), the 2021 EIR did not mention the inclusion of this small amount of land on the PG&E property.

Figure 3 - Excerpt from 2021 Project Approved Tentative Map D. ANALYSIS AND CONCLUSION
The City has reviewed the 2023 Project Modifications and found that there: (1) are no substantial project changes, (2) are no substantial changes in the project circumstances, and (3) no new information of substantial importance, which could not have been known with the exercise of reasonable diligence when the 2021 EIR was certified, that would require major revisions of the certified 2021 EIR because of a new significant effect or an increase in the severity of a previously identified significant effect. Under CEQA section 21166 and CEQA Guidelines sections 15162 and 15164, no further environmental review is required.

Each environmental topic assessed under CEQA and in the 2021 EIR was considered, including Air Quality; Biological Resources; Cultural Resources; Energy; Geology, Soils, and Paleontological Resources; Greenhouse Gas Emissions, Hazards and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Noise; Population and Housing; Public Services and Recreation; Tribal Cultural Resources; Transportation; Utilities and Service Systems; as well as environmental topics determined to have Less than Significant Impacts: Aesthetics1; Agricultural and Forest Resources; Mineral Resources; and Wildfire. Additionally, mitigation measures included in the adopted 2021 MMRP were also considered to determine whether changes in either the mitigation measure or in the reporting program were required.

In all cases, the environmental impacts of the 2023 Project Modifications are either the same because the size of the area impacted by the development has remained the same or reduced due to the lower unit count. The change in the mix of ownership and rental units has no impact on the physical environment. The shift in the 1 As noted on page 4.16-1 of the 2021 EIR, Senate Bill (SB) 743 and CEQA Section 21099(d) state that “aesthetics and parking impacts of a residential, mixed-use residential, or employment center project on an infill site located within a transit priority area shall not be considered significant impacts on the environment.” Therefore aesthetics and parking were not considered impacts under CEQA by the 2021 EIR.

City Council/RSA Agenda 135 Tuesday, April 25, 2023
allocation of land area between Neighborhood Park C, the detention basin and the L Street extension also result in no changes in the environmental impacts previously analyzed in the 2021 EIR.

The 2023 Project Modifications will be required to comply with the adopted 2021 EIR MMRP as a Condition of Approval. As discussed below, there are no new impacts or more severe impacts not already identified and analyzed in the 2021 EIR that would result due to project changes, new information, or changed circumstances and therefore, no new or modified mitigation measures would be required.

E. CONCLUSION
For the reasons set forth above, the 2023 Project Modifications do not trigger the need to prepare a subsequent or supplemental EIR under CEQA Section 21166 or CEQA Guidelines Sections 15162 and 15163. Specifically, there are no substantial changes proposed in or with respect to the circumstances under which the 2023 Project Modifications will be undertaken, and there is no other relevant new information of substantial importance, which will require any major revisions to the 2021 EIR. Thus, no further environmental review is required and in considering approval of the 2023 Project Modifications, the City should rely on the previously certified 2021 EIR.

The following discussion summarizes the reasons why no supplemental or subsequent CEQA review is necessary pursuant to CEQA Guidelines Sections 15162 and 15163 and the City can rely on the previously certified EIR.

Substantial Changes to the Project. The proposed 2023 Project Modifications, would not result in new significant impacts or a substantial increase or severity of a previously identified significant impact from those identified in the 2021 EIR. Therefore, the proposed changes included in 2023 Project Modifications are considered minor changes, not substantial changes.

Project Circumstances. Since certification of the 2021 EIR, conditions in the Station East area have not substantially changed and thus implementation of the 2023 Project Modifications would not result in new significant environmental effects or a substantial increase in the severity of environmental effects already identified in the 2021 EIR. No substantial changes in noise levels, air quality, transportation, or other conditions have occurred within and around the Station East site since certification of the EIR.

New Information. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2021 EIR was certified, has been identified which is expected to result in: (1) new significant environmental effects or a substantial increase in the severity of environmental effects already identified in the EIR; or (2) mitigation measures or alternatives which were previously determined to be infeasible would in fact be feasible, or which are considerably different from those recommended in the 2021 EIR, and which would substantially reduce significant effects of the project, but the project applicant declines to adopt them.

Consequently, there are no substantial project changes, no substantial changes in the project circumstances, and no new information of substantial importance that would require major revisions to the certified 2021 EIR, because of a new significant effect or an increase in the severity of a previously identified significant effect. Under CEQA section 21166 and CEQA Guidelines sections 15162 and 15164, no further environmental review is required.

Thus, in considering approval of the 2023 Project Modifications, the City can rely on the previously certified 2021 EIR.

City Council/RSA Agenda 136 Tuesday, April 25, 2023
ATTACHMENT 2
ORDINANCE NO. XXX-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING A DEVELOPMENT AGREEMENT AMENDMENT, ADA-23-001,

BETWEEN THE STATION EAST OWNER, LLC AND THE CITY OF UNION

CITY FOR THE STATION EAST RESIDENTIAL / MIXED USE PROJECT WHEREAS, the California Government Code sections 65864 et seq. (the "Development Agreement Statute"), authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights, and the City of Union City ("City") adopted Chapter 18.104, Procedures and Requirements for Consideration of Development Agreements, to implement procedures for the processing and approval of development agreements; and
WHEREAS, the Station East Owner, LLC, submitted applications for a General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Residential / Mixed Use project, subject to City approvals in June 2021; and
WHEREAS, on June 22, 2021, the CityCouncil adopted Ordinance No. 886-21, approving a Development Agreement (DA-20-001) between the Station East Owner, LLC and the City of Union City; and
WHEREAS, the Development Agreement provides the Station East Owner, LLC with some certainty in the land use regulatory process and to promote the development of the Property which will provide public benefits to the City, including the provision of housing and needed infrastructure for area growth as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and
WHEREAS, the Station East Owner, LLC, has submitted an application for amendments to the Development Agreement (ADA-23-001) for the Station East Residential / Mixed Use Project; and
WHEREAS, the Station East Residential / Mixed Use Project site consists of 26.5 acres located between Decoto Road to the north, 7th Street to the east, Bradford Way to the south, and the Niles Subdivision UPRR Rail Line along the western perimeter; and WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774- 21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and
City Council/RSA Agenda 137 Tuesday, April 25, 2023
WHEREAS, pursuant to the CEQA Guidelines Section 15164, an Addendum to the EIR was prepared to analyze the changes in the project to determine if the project falls within the scope of the previously certified EIR; and

PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed Development Agreement Amendment on April 6, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated April 6, 2023, and all written and oral testimony, incorporated herein by reference; and WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 3-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project EIR; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 4-23 recommending approval of the Development Agreement Amendment, incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed Development Agreement Amendment on April 25, 2023, at which time all interested parties had the opportunity to be heard. The City Council considered a staff report dated April 25, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the Development Agreement Amendment; and
WHEREAS, on April 25, 2023, pursuant to CEQA, the City Council adopted Resolution No. XXXX-23 adopting an Addendum to the Station East Residential / Mixed Use Project EIR, which determined that any potential impacts of the revised project were within the scope of the previously certified EIR.

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. Pursuant to the California Environmental Quality Act (CEQA), the City Council adopted Resolution No. XXXX-23 adopting an Addendum to the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) in compliance with the requirements of CEQA.
.

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. That the amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, are consistent with the General Plan designation of Station East Mixed Use Residential, and applicable General Plan policies.

City Council/RSA Agenda 138 Tuesday, April 25, 2023
Specifically, the project is consistent with the goal to establish a high-density, transitoriented, walkable residential and commercial district which allows for multi-family residential uses and mixed-use residential uses, with ground floor commercial uses along the site’s major thoroughfares. The amendments to the Development Agreement are also consistent with the applicable policies of the Station District Specific Plan.

2. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will not be detrimental to the health, safety and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of residents of the City as a whole because mitigation measures have been included to mitigate all potential significant impacts to less than significant levels, none of which would be changed by the amendment to the Development Agreement.

3. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will not adversely affect the orderly development of property or the preservation of property values because the Development Agreement facilitates the orderly development of the project over several years, including the provision and phasing of improvements, and provision of public benefits including but not limited to parks, affordable housing, and infrastructure improvements.

4. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, will facilitate implementation of the Station District Specific Plan, including the development of the Station East Mixed Use Residential area as envisioned in the Station District Specific Plan.

5. The amendments to the Development Agreement, which reflect updates to the Station East Project and other miscellaneous provisions, are consistent with Government Code Section 65864 through 65869.5 because it provides some assurances to the applicant to proceed with the multi-year project in accordance with existing policies, rules and regulations in return for the provision of public benefits. A noticed public hearing on the proposed Amendment to the Development Agreement was provided.

SECTION 4. Approval. The City Council hereby approves the Development Agreement Amendment between the Station East Owner, LLC and the City of Union City, as shown in Exhibit A, attached hereto and made hereof, and available for review in the City Clerk's office during normal business hours.

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

SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance City Council/RSA Agenda 139 Tuesday, April 25, 2023
with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

City Council/RSA Agenda 140 Tuesday, April 25, 2023
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of April 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 141 Tuesday, April 25, 2023
City Council/RSA Agenda 142 Tuesday, April 25, 2023

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
Attn: ECD Director
Exempt from Recording Fees
Pursuant to Government
Code Sections 6103 and 27383
______________________________________________________________________________ APNs: 87-21-5-2 (Space Above This Line Reserved for Recorder’s Use Only) 87-21-13-1
87-21-13-2
87-23-12
87-23-10
87-23-13-2

FIRST AMENDMENT TO

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF UNION CITY
AND

THE STATION EAST OWNER, LLC

FOR THE STATION EAST PROJECT
ATTACHMENT 2- EXHIBIT A
City Council/RSA Agenda 143 Tuesday, April 25, 2023

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First Amendment”) is entered into as of the __________(the “Effective Date”) by and between the City of Union City, a municipal corporation (“City”), and The Station East Owner, LLC, a Delaware limited liability company (“Developer”). City and Developer may herein be referred to individually as a “Party,” and collectively as the “Parties.”

RECITALS
A. Developer has an equitable interest in or is the fee owner of approximately 26.5 acres of real property located in Union City, California, comprised of Alameda County Assessor’s Parcel Numbers 87-21-5-2, 87-23-12, 87-21-13-1, 87-21-13-2, 87-23-10, and 87-23- 13-2, which property is legally described in Exhibit A-1 and shown on the map attached hereto as Exhibit A-2. (the “Property”).

B. The City and Developer previously entered into that certain Development Agreement with an effective date of July 22, 2021 and recorded in the Official Records of Alameda County on _________ as Document No. ___________________ (the “Development Agreement”). Except as otherwise defined, all capitalized terms used herein shall have the meanings ascribed thereto in the Development Agreement.

C. The Development Agreement identifies the approximate number and distribution of residential units and commercial square footage to be constructed on the Property, as well as establishing other obligations of the City and Developer regarding the development of the Project.

D. The Developer and City have agreed to modify certain term of the Development Agreement to update the scope of the Project and provide more flexibility to the Developer.

E. The City Council held a public hearing and introduced City Council Ordinance _________ on _______________________, and adopted City Council Ordinance _________ on ___________________ approving this First Amendment.

F. The City Council found the adoption of this First Amendment exempt from CEQA under Public Resources Code Section 21166 as the impacts of the Project have already been analyzed, and no substantial changes result from this First Amendment.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein and other valuable consideration, City and Developer agree as follows:

1. Recital C. Recital C, “Project”, of the Agreement is hereby amended to read as follows (with deletions in strikethrough and additions underlined):
“B. The Project. Consistent with City’s land use planning objectives, Developer has proposed a project that is depicted in the Site Plan attached hereto as Exhibit B (“Project”), which generally consists of the demolition of existing buildings and surface City Council/RSA Agenda 144 Tuesday, April 25, 2023
parking lots, and the development of up to 974 894 new residential apartment, condominium, and townhome units, up to 30,00030,800 square feet of commercial space, along with the creation of approximately 1,4451,791 vehicle parking spaces, a minimum of 300458 bicycle parking and storage spaces, and the creation of linear paseos, community parks, children’s playgrounds, outdoor amenities, and associated public infrastructure required to serve these facilities, as described herein. The Site Plan is conceptual, and final building footprint and densities may change based on each Site Development Review proposed by Developer and approved by City.”

2. Permitted Uses. Section 2.1.1, “Permitted Uses”, of the Agreement is hereby amended in its entirety to read as follows:
“2.1.1 Permitted Uses. Without limiting anything in the Existing Approvals, the permitted uses shall include up to 30,000 square feet of commercial space and up to 894 residential apartment, condominium and townhome units, as is generally depicted in the Site Plan and described below (collectively, the “Permitted Uses”):

Planning
Area PA1b PA2 PA 3c PA 4 PA 5 & 6
PA 7 &
8 PA 9 &
10 PA 11A Totala
Apts/Retail Apts/Retail
BMR
Apt Condos TH Condo Condo TH
Building SF
Residential 224,994 143,639 80,175 95,475 130,285 189,720 102,326 66,396 1,033,010 Commercial 17,849 11,249 0 0 0 0 0 0 29,098
Residential
Amenity 8,525 4,441 1,675 0 0 0 1,836 0 16,477
DeckPrivate
Open
Space 19,714 12,798 4,464 4,875 12,408 18,408 8,178 6,004 86,849 Garage 185,867 111,654 19,605 24,675 32,572 38,880 33,208 16,352 462,813 CorridorLobbyCirculation 60,297 38,612 11,785 0 0 0 12,532 0 123,033 Service 13,063 13,040 0 0 0 0 0 0 26,103
530,309 335,433 117,704 125,025 175,265 247,008 162,416 88,752 1,777,383 Dwelling
Units
Studio 40 31 0 0 0 0 0 0 71
1 BR 111 63 108 0 0 0 12 0 294
2 BR 90 64 15 0 18 48 40 8 283
3 BR 15 1 0 50 18 48 26 8 166
4 BR 0 0 0 0 36 24 0 20 80
256 159 123 50 72 120 78 36 894
City Council/RSA Agenda 145 Tuesday, April 25, 2023
a Subtotals above may not equal total square footage because of rounding b Of the 256 housing units in PA 1, 12 will be affordable housing units pursuant to Section 5 c PA 3 will provide entirely affordable housing units plus one manager unit Notes: PA = Planning Area; SF = square feet; Apt = apartments; TH = townhomes; and Condo = condominiums

3. Master HOA. Section 2.13, “Master Homeowners’ Association”, of the Agreement is hereby amended to read as follows (with deletions in strikethrough and additions underlined):
“2.13 Master Homeowners’ Association. Developer shall form a master homeowners association (“HOA”) to own, maintain, repair and manage all common areas of the Project as a common interest development under the Davis-Stirling Common Interest Development Act. All separate legal parcels and condominium units developed on the Property shall be included in the HOA. The common areas to be managed by the HOA include publicly accessible park areas as shown on Exhibit H. The purpose of the HOA will be to enforce rules and regulations adopted from time to time by its board of directors, enhance and protect the value, desirability, and attractiveness of the community, to maintain public areas and other provisions set forth therein in perpetuity, and to discharge such other lawful duties and responsibilities as may be required pursuant to its bylaws and the declaration of covenants, conditions and restrictions (“CC&Rs”) to be recorded in the Office of the Recorder of Alameda County. The CC&Rs shall include provisions requiring the maintenance, repair and management of public spaces depicted in Exhibit H. The CC&Rs shall include provisions to allow City to perform maintenance, at the HOA’s cost, if any maintenance of publicly accessible spaces falls below City standards, or to prevent or remedy dangerous conditions on any publicly-accessible spaces within the Project. The CC&Rs shall also include TDM measures for the Project, as set forth in Section 3.4 below. Prior to final map recordation, Developer shall provide City an opportunity to review and comment on the provisions of the CC&Rs to ensure consistency and compliance with the requirements of the Existing Approvals, specifically this Agreement, all Tentative Map conditions setting forth all HOA maintenance obligations, and any other applicable law. City’s approval authority shall be limited to provisions that involve City management, oversight or public facilities. The HOA shall carry out its obligations in compliance with all applicable laws and regulations and have approval authority with respect to the CC&Rs, provided, however, that the CC&Rs shall prohibit the modification of any provision affecting City or City obligations therein without City’s express, written consent to amendment. In addition, Developer shall submit for City review and approval any other Plan Area-specific sub-HOAs and related CC&Rs.”

4. CFD. Section 2.14, “Community Facilities District”, of the Agreement is hereby amended to read as follows (with deletions in strikethrough and additions underlined):
”2.14 Community Facilities District. Consistent with the Existing Approvals and Applicable Law, the Parties shall cooperate in good faith to form a Mello-Roos Community Facilities District (Gov. Code § 53311) (“CFD”) or form an alternative, equivalent financing mechanism reasonably approved by City, for all residential and commercial areas of the Project, provided, however that CFD special taxes shall be City Council/RSA Agenda 146 Tuesday, April 25, 2023
limited for the affordable housing units in Planning Area 3 to pay for City services only, to the extent allowed by applicable law. The City also has established CFD No. 2006-1 to fund various City-wide services. The Project’s Fiscal Impact Analysis has identified a temporary negative fiscal impact due to the Project’s location in the former Redevelopment Project Area. The Parties agree that the overall tax burden (including the ad valorum tax, the CFD(s) and all other existing special taxes and assessments) for any Project unit shall not exceed 1.6% of the estimated property value of such unit. The Parties shall determine, prior to the recordation of the first final map, upon the appropriate structure (utilizing CFD No. 2006-1 or the CFD or a combination thereof) to finance the following services and facilities according to the following priorities:

2.14.1 CFD 2006-1. Developer shall annex into CFD 2006-1 or form an equivalent, alternative financing mechanism reasonably acceptable to City, to finance the pro rata share of each Plan Area of the Project pertaining to City services and maintenance costs related to maintaining street lights, parkways, park landscaping, other landscaped areas, storm drainage systems, street maintenance, and police and fire protection. Both rental and ownership residential units shall be subject to the same tax rate for the special tax imposed pursuant to this section

2.14.1;

2.14.2 Fiscal Impact CFD. Developer shall enter into a new CFD, or an equivalent, alternative financing mechanism reasonably acceptable to City, to finance each Plan Area’s pro rata share of the temporary fiscal imbalance identified in the Fiscal Impact Analysis for the Project, to the extent such fiscal imbalance is not addressed by annexation into CFD 2006-1 pursuant to Section

2.14.1. Both rental and ownership residential units shall be subject to the same tax rate for the special tax imposed pursuant to this section 2.14.2;

2.14.3 Capital Facilities CFD. For the remaining capacity under the 1.6% tax burden, Developer may propose to form a new CFD, or an equivalent, alternative financing mechanism reasonably acceptable to City, to finance eligible public facilities. In such case, City shall work with Developer in good faith to include those eligible facilities in the CFD and to levy bonds to finance the installation of those eligible facilities;

2.14.4 Agency Fees. If there remains available capacity in the CFD under the

1.6% overall tax burden for each property, Developer may request to finance agency fees (i.e., school fees, ACWD fees) provided that the request is made jointly with the participating agency prior to formation of the CFD; and

2.14.5 Timing. The Parties shall annex into CFD 2006-1, or form a new CFD (or alternative financing mechanism reasonably acceptable to City) prior to recordation of the first final map in the Project, and shall annex in additional areas within the Project prior to recordation of the applicable final map for each Plan Area.”
City Council/RSA Agenda 147 Tuesday, April 25, 2023

5. Use Tax. Section 2.19, Use Tax Point of Sale/Use Designation, is hereby added to the Agreement to read as follows:
“2.19 Use Tax Point of Sale/Use Designation. Developer shall use commercially reasonable efforts (so long as such efforts do not result in more than de minimis increased Developer costs or Project construction costs) to the extent allowed by law to require all persons and entities providing materials and fixtures to be used in connection with the construction and development of, or incorporated into, the Project, to (a) obtain a use tax direct payment permit; (b) elect to obtain a subcontractor permit for the job site of a contract valued at Five Million Dollars ($5,000,000) or more; or (c) otherwise designate the Property as the place of use of materials and/or fixtures used in the construction of the Project in order to have the full local use tax portion of the sales and use tax distributed directly to the City. Developer shall instruct each of its contractors, and all subcontractors, to cooperate with the City to ensure the local use tax is allocated to City as applicable. To assist City in its efforts to ensure that the full amount of such local sales/use tax is allocated to the City, the Developer shall provide City with a quarterly spreadsheet of all subcontractors with contracts in excess of the amount set forth above. City may use the information provided to contact each subcontractor to determine who may qualify to register the jobsite for allocation of the local use tax to the City.”

6. Affordable Housing. Section 3.3.2, “Unit Mix and Income Requirements”, of the Agreement is hereby amended in its entirety to read as follows:
“3.3.2 Unit Mix and Income Requirements. Under Applicable Law, the affordable housing obligation for the Project totals 134.1 units. To meet that obligation, Developer shall be responsible for providing 12 inclusionary affordable housing units in Plan Area 1 (or such greater amount as required by Section 3.32(b)(ii) if the conditions described therein occur), and 122 affordable units in Plan Area 3, and Developer shall pay City’s affordable housing in-lieu fee for 0.1 unit. The affordable housing units to be constructed shall include the following unit mix and income requirements:

Extremely
Low (30%
AMI) PA 3
Very
Low
(50%
AMI)
PA 3
Low
(60%
AMI)
PA 3
Low
(70%
AMI)
PA 3
Moderate
(80-100%

AMI) PA
1 Total
Studio 2
1 Bedroom
11 29 37 29 4
2 Bedroom
2 4 5 5 1
3 Bedroom
5 Total 13 33 42 34 12 134
City Council/RSA Agenda 148 Tuesday, April 25, 2023
If the total number of units in the Project decreases, the total number of affordable housing units shall proportionately decrease so that the number of affordable housing units remains fifteen (15%) percent of the total number of units in the Project, but in no case less than 122 affordable units. The Developer shall pay the City’s affordable housing in-lieu fee for a fractional unit of less than 0.5, and a fractional unit of 0.5 or greater shall be rounded up to a whole unit to be provided by the Developer. The unit mix and income requirements for the affordable housing units in Planning Area (PA) 1 shall be roughly as identified for PA 1 in the table above, with the exact allocation to be approved by the City Manager.”

7. PA 1 Affordable Housing. Section 3.3.4 (ii), “Affordable Housing Compliance in the Event Plan Area 3 Does not Receive Tax Credits”, is hereby amended to read as follows (with deletions in strikethrough and additions underlined):
“(ii) Plan Area 3. If a building permit for Plan Area 3 has not been issued prior to the issuance of the first certificate of occupancy for Plan Area 1, Developer shall provide the following affordable units in Plan Area 1 in accordance with Chapter 18.33, i.e., 30% of Plan Area 1 units (11 units) shall be provided to households with 30% AMI (Very Low) and 70% of Plan Area 1 units (25 units) shall be provided to households with 60% AMI (Low), and Developer shall pay an in-lieu fee for any fractional unit 0.95 unit. The number of affordable units in Plan Area 1 may be reduced to 1224 units to households with 80% AMI upon completion of the affordable units in PA 3.”

8. Operating Memorandum. Section 4.2, “Operating Memorandum”, of the Agreement is hereby amended to read as follows (with deletions in strikethrough and additions underlined):
“4.2 Operating Memoranda. If, during the Term of this Agreement, City and Developer agree that minor clarifications of this Agreement are necessary or appropriate, City and Developer shall effectuate such clarifications by recording an operating memorandum approved by City and Developer, which, after execution and recordation, shall be attached hereto and become part of the Existing Approvals. Any proposed operating memorandum that does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Property; (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for Subsequent Approvals, (v) the density or intensity of the use of the Property or the maximum height or size of proposed buildings, (vii) monetary contributions by Developer, or (viii) Developer’s Affordable Housing obligations hereunder may be deemed by City as a “Minor Amendment” subject to implementation through an operating memorandum and shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. The following modifications to the Project may constitute Minor Amendments, in City’s sole and reasonable discretion: (a) changes in landscaping; (b) variations in the location of structures that do not substantially alter the Tentative Map; (c) variations in the location of utilities or other infrastructure connections or facilities not materially affecting design concepts; (d) minor adjustments to the Tentative Map, Final Map or Property legal City Council/RSA Agenda 149 Tuesday, April 25, 2023
description; (e) minor variations in park or plaza configurations that do not reduce the overall acreage or proposed facilities; and (f) minor modifications to the Phasing Plan as long as phases continue to operate independently and uses provided in a particular phase are compatible; and (g) changes to the permitted uses of the Property resulting in an increase or decrease of no more than two percent (2%) of the total number of residential units in the Project, or more than ten percent (10%) of the number of residential units in a specific Planning Area. The City Manager shall have authority to execute a Minor Amendment, in his or her discretion, or seek approval of a Minor Amendment by City resolution. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated as an operating memorandum or whether the requested clarification requires formal amendment hereof.”

9. Exhibits. Exhibits B, D, and H of the Agreement are hereby amended to read as shown in Attachment 1 to this First Amendment, attached hereto and incorporated herein.

10. Counterparts. This First Amendment may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.

11. Authority. The persons signing below represent and warrant that they have the authority to bind their respective Party and that all necessary board of directors,’ shareholders,’ partners,’ city councils or other approvals have been obtained.

12. Effect. Except as expressly provided in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 150 Tuesday, April 25, 2023
IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the date first set forth above.

DEVELOPER:

THE STATION EAST OWNER, LLC
a Delaware limited liability company
By: __________________________________
Evan Knapp, Authorized Representative
CITY:

CITY OF UNION CITY
a municipal corporation
By: __________________________________
Joan Malloy, City Manager
ATTESTATION:

By: __________________________________
Anna Brown, City Clerk
APPROVED AS TO FORM:

By: __________________________________
Kristopher Kokotaylo, City Attorney

SIGNATURES MUST BE NOTARIZED
City Council/RSA Agenda 151 Tuesday, April 25, 2023

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
City Council/RSA Agenda 152 Tuesday, April 25, 2023
ATTACHMENT 1
(Attach New Exhibit B, D, and H)
5325790.2
City Council/RSA Agenda 153 Tuesday, April 25, 2023
ATTACHMENT 3
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION
CITY APPROVING TENTATIVE TRACT MAP AMENDMENT (ATM-23-001) FOR

THE STATION EAST RESIDENTIAL / MIXED USE PROJECT
WHEREAS, the Station East Owner, LLC, submitted applications for a General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT20-002), Zoning Map Amendment (A- 20-001), Development Agreement (DA-20-001), and Tentative Tract Map (TTM-20-001) for the Station East Residential / Mixed Use project, subject to City approvals in June 2021; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 5777-21 approving Tentative Tract Map (TTM-20-001) for the Station East Residential / Mixed-Use project; and WHEREAS, the Station East Owner LLC, has submitted an application for amendments to the Tentative Tract Map (ATM-23-001) for the Station East Residential / Mixed-Use project; and
WHEREAS, the Station East Residential / Mixed Use Project site consists of 26.5 acres located between Decoto Road to the north, 7th Street to the east, Bradford Way to the south, and the Niles Subdivision UPRR Rail Line along the western perimeter; and WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774- 21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and
WHEREAS, pursuant to the CEQA Guidelines Section 15164, an Addendum to the EIR was prepared to analyze the changes in the project to determine if the project falls within the scope of the previously certified EIR; and

PLANNING COMMISSION REVIEW
WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Tentative Tract Map Amendment (ATM-23-001) on April 6, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated April 6, 2023, and all written and oral testimony, incorporated herein by reference; and WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 3-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed City Council/RSA Agenda 154 Tuesday, April 25, 2023
Use Project EIR; and
WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 4-23, recommending that the City Council approve Tentative Tract Map Amendment ATM-23-001, incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, pursuant to Section 66451.3 of the Government Code, the City Council held a duly noticed public hearing on the proposed Tentative Tract Map Amendment on April 25, 2023, at which time all interested parties had the opportunity to be heard. The City Council considered the Addendum to the Station East Residential / Mixed Use Project EIR, a staff report dated April 25, 2023 incorporated herein by reference, and all written and oral testimony; and WHEREAS, on April 25, 2023, pursuant to CEQA, the City Council adopted Resolution No. XXXX-23 adopting an Addendum to the Station East Residential / Mixed Use Project EIR, which determined that any potential impacts of the revised project were within the scope of the previously certified EIR; and
WHEREAS, the Tentative Tract Map Amendment (ATM-23-001) consisting of Sheets C1A, C-5A and C-5B is labeled Exhibit A, attached hereto and made a part hereof.

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

1. That the foregoing recitals are true and correct and made a part of this resolution; and Tentative Tract Map -Section 66473.5 and 66474 of the Subdivision Map Act

2. That the proposed tentative tract map as amended is consistent with applicable subdivision standards listed in the General Plan and the Station District Specific Plan because the tentative tract map is consistent with the General Plan standards for uses, density and minimum parcel size and with the Station District Specific Plan standards for streets and parks; and

3. That the design of the proposed subdivision is consistent with applicable subdivision standards listed in the General Plan and the station District Specific Plan because the design of the proposed subdivision is consistent with the General Plan standards for uses, density and minimum parcel size and consistent with the Station District standards for streets and parks; and

4. That the project site is physically suitable to accommodate the type of proposed development because the 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed mixed use development; and

5. That the project site is physically suitable to accommodate the proposed density of development. The 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed density; and City Council/RSA Agenda 155 Tuesday, April 25, 2023

6. That, as conditioned, the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because, as documented in the EIR for the project, mitigation measures have been included to mitigate all potential significant environmental impacts to less than significant levels; and

7. That, as conditioned, the design of the subdivision or type of improvements are not likely to cause serious public health problems because as documented in the EIR for the project, mitigation measures have been included to mitigate all potential significant environmental impacts to less than significant levels, including mitigation measures to address the presence of hazardous materials; and

8. That, as conditioned, the design of the subdivision or the type of improvements will not conflict with any public easements because plans were referred to the relevant public agencies and no conflicts with any public easements were reported; and Tentative Tract Map - Section 17.20.100 of the Union City Municipal Code

9. The amendments to the design, density and improvements of the proposed subdivision are consistent are consistent with the General Plan 2040 and the Station District Specific Plan, and the SEMU-R zoning provisions; and

10. The site is physically suitable for the development because the 26.5 acre infill site is relatively level, surrounded by urban development, and has access to necessary utilities and services to support the proposed density.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves ATM-23-001 as set forth in Exhibit A, with the following amendment to Condition of Approval No. 1 included in Resolution No. 5777-21 to read as follows:

1. The Final Tract Map shall be in substantial conformance with Tentative Tract Map 8251, as shown in Exhibit A, including Sheets C-1 through C-11, SP 1 through SP 6, and L1 through L 12, except as they may be modified by other conditions of approval listed below.
a. An Amendment to Tentative Tract Map 8251, as shown on Exhibit B, including Sheets C-1A, C-5A, and C-5B, approved by the City Council on April 25, 2023, shall modify the Tentative Tract Map 8251 approved on June 8, 2021.
b. Parcel G shall include an irrevocable offer of dedication for a public access easement and easement rights to make improvements.

City Council/RSA Agenda 156 Tuesday, April 25, 2023
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of April 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 157 Tuesday, April 25, 2023
HC HC HC HC 7TH STREET
DECOTO ROAD 7TH STREET ZWISSIG WAY FUTURE L STREET EXTENSION FUTURE M STREET WIDENING FUTURE L STREET WIDENING BRADFORD WAY NEIGHBORHOOD PARK C PLANNING AREA 8 PLANNING AREA 1 PLANNING AREA 9 PLANNING AREA 2 BASIN #1 BASIN #2 PLANNING AREA 4 PLANNING AREA 11A PLANNING AREA 10 PLANNING AREA 7 PLANNING AREA 6 PLANNING AREA 5 NEIGHBORHOOD PARK A NEIGHBORHOOD PARK B

GRAND PASEO B GRAND
PASEO A PLANNING AREA 3 8TH STREET (PUBLIC) 9TH STREET (PUBLIC) K STREET (PUBLIC) 8TH STREET (PUBLIC) 9TH STREET (PUBLIC) M STREET (PUBLIC) L STREET (PUBLIC) RETAIL PLAZA AREA OF TENTATIVE MAP AMENDMENT AREA OF TENTATIVE MAP AMENDMENT 0' 100' 300' 400' SCALE: 1" = 100' TITLE SHEET & SITE PLAN OF SHEETS SHEET NO. C-1A11 GENERAL NOTES: TRACT 8251 - STATION EAST TENTATIVE MAP CITY OF UNION CITY ALAMEDA COUNTY CALIFORNIA G:\1973-010\ACAD\TM\TM AMENDMENT\TM01.DWG 3/29/2023 1:22 PM DATE: APRIL 12, 2021 UPDATED DATE: MARCH 28, 2023 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 JOB NO.: 1973-010 VICINITY MAP SITE 12 LEGEND EXISTING PROPOSED ABBREVIATIONS: NOTES: ····· SITE SUMMARY TABLE NAME GROSS AREA NET AREA* UNIT COUNT NET DENSITY SHEET INDEX SHEET NO. SHEET TITLE

DAGGETT
AVE PARK SUMMARY TABLE NAME AREA OWNERSHIP City Council/RSA Agenda 158 Tuesday, April 25, 2023 PARCEL ELOT 35 LOT 36 LOT 37 LOT 38 PARCEL T PARCEL U PARCEL F PARCEL G PARCEL V 9TH STREET (PUBLIC)

BRADFORD WAY
(PUBLIC) B PARCEL SUMMARY PARCEL PARCEL AREA (SF) DESCRIPTION LOT SUMMARY LOT LOT AREA (SF) 9TH STREET (PUBLIC)

BRADFORD WAY
(PUBLIC) A PARCEL SUMMARY PARCEL PARCEL AREA (SF) DESCRIPTION LOT SUMMARY LOT LOT AREA (SF) SECTION B (PRIVATE) SECTION A (PUBLIC) TRACT 8251 - STATION EAST TENTATIVE MAP CITY OF UNION CITY ALAMEDA COUNTY CALIFORNIA G:\1973-010\ACAD\TM\TM AMENDMENT\TM05A.DWG 3/29/2023 1:22 PM DATE: APRIL 12, 2021 UPDATED DATE: MARCH 28, 2023 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 JOB NO.: 1973-010 0' 60' 180' 240' SCALE: 1" = 60' PRELIMINARY LOTTING PLAN (PA 9 & 10) OF SHEETS SHEET NO. C-5A11 NOTES: PROPOSED MAP AMENDMENT APPROVED MAP City Council/RSA Agenda 159 Tuesday, April 25, 2023 LOT SUMMARY LOT LOT AREA (SF) LOT 3 LOT 4 LOT 5 LOT 6

L STREET
(PUBLIC)
DECOTO ROAD 8TH STREET (PUBLIC)

L STREET
(PUBLIC) 9TH STREET (PUBLIC) LEGEND PARCEL SUMMARY PARCEL PARCEL AREA (SF) DESCRIPTION LOT SUMMARY LOT LOT AREA (SF) DECOTO ROAD 8TH STREET (PUBLIC)

L STREET
(PUBLIC) 9TH STREET (PUBLIC) LOT 4 LOT 3 LOT 5 LOT 8 LOT 9 LOT 6 LOT 7 PARCEL R PARCEL T PARCEL S TRACT 8251 - STATION EAST TENTATIVE MAP CITY OF UNION CITY ALAMEDA COUNTY CALIFORNIA G:\1973-010\ACAD\TM\TM AMENDMENT\TM05B.DWG 3/29/2023 1:22 PM DATE: APRIL 12, 2021 UPDATED DATE: MARCH 28, 2023 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 JOB NO.: 1973-010 0' 60' 180' 240' SCALE: 1" = 60' PRELIMINARY LOTTING PLAN (PA 2 & 4) OF SHEETS SHEET NO. C-5B11 NOTES: PROPOSED MAP AMENDMENT APPROVED MAP City Council/RSA Agenda 160 Tuesday, April 25, 2023 ATTACHMENT 4
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING SITE DEVELOPMENT REVIEW (SD-22-003) FOR PLANNING AREA (“PA”) 4 IN THE STATION EAST RESIDENTIAL / MIXED USE DEVELOPMENT FOR THE PROJECT SITE (APN: 087-0021-005-02 (PORTION))
WHEREAS, the Station East Owner, LLC, submitted applications for a General Plan Amendment (AG-20-001), Specific Plan Amendment (SP-20-001), Zoning Text Amendment (AT-20-002), Zoning Map Amendment (A-20-001), Development Agreement (DA-20-001), and Tentative Map (TTM-20-001) for the Station East Residential / Mixed Use project, subject to City approvals in June 2021; and
WHEREAS, the Station East Owner LLC, has submitted an application for Site Development Review for Planning Area (PA) 4 consisting of 50 condominium units within the Station East Residential Mixed-Use project; and
WHEREAS, the project site consists of 1.7 acres located between the extensions of 8th Street and 9th Street (APN: 087-0021-005-02 (portion)); and WHEREAS, the subject property is part of the larger Station East Mixed Use Residential Project; and
WHEREAS, the project site has a General Plan designation of Station East Mixed Use Residential and a Zoning designation of SEMU-R (Station East Mixed Use Residential); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Station East Residential / Mixed Use Project Environmental Impact Report (EIR) (SCH# 2020039032) was prepared and certified for the project on June 8, 2021 by City Council Resolution No. 5774- 21, which determined the project would not result in any significant impacts with the incorporation of mitigation measures; and
WHEREAS, pursuant to the CEQA Guidelines Section 15164, an Addendum to the EIR was prepared to analyze the changes in the project to determine if the project falls within the scope of the previously certified EIR; and

PLANNING COMMISSION REVIEW
WHEREAS, pursuant to Section 18.76.050 of the Union City Municipal Code, the Planning Commission held a duly noticed public hearing on the proposed Site Development Review (SD-22-003) on April 6, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered the staff report dated April 6, 2023, and all written and oral testimony, incorporated herein by reference; and WHEREAS, on April 6, 2023, the Planning Commission adopted Resolution No. 3-23, recommending that the City Council adopt the Addendum to the Station East Residential / Mixed Use Project EIR; and
City Council/RSA Agenda 161 Tuesday, April 25, 2023
Resolution No. -23
SD-22-003
PA 4/Station East Residential

WHEREAS, on April 6, 2023 the Planning Commission recommended approval of the proposed Site Development Review (SD-22-003) by adoption of Planning Commission Resolution No. 5-23, incorporated herein by reference; and

CITY COUNCIL REVIEW
WHEREAS, pursuant to Section 66451.3 of the Government Code, the City Council held a duly noticed public hearing on the proposed Site Development Review for Planning Area 4 on April 25, 2023, at which time all interested parties had the opportunity to be heard. The City Council considered the Addendum to the Station East Residential / Mixed Use Project EIR, a staff report dated April 25, 2023 incorporated herein by reference, and all written and oral testimony; and
WHEREAS, on April 25, 2023, pursuant to CEQA, the City Council adopted Resolution No. #XXXX-23 adopting an Addendum to the Station East Residential / Mixed Use Project EIR, which determined that any potential impacts of the revised project were within the scope of the previously certified EIR; and
WHEREAS, the project plans are labeled Exhibit A, attached hereto and made a part hereof.

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

1. That the foregoing recitals are true and correct and made a part of this resolution; and Site Development Review

2. The project is consistent with the General Plan designation of Station East Mixed Use Residential, and applicable General Plan policies. Specifically, the project is consistent with the purpose as stated in the description of the Station East Mixed Use Residential designation to establish a high density, transit-oriented, walkable residential and commercial district which allows for multi-family residential uses and mixed-use residential uses, with ground floor commercial uses along the site’s major thoroughfares.

The project is also consistent with the applicable policies of the Station District Specific Plan as approved by the City Council.

3. The project, as conditioned, is consistent with the purpose of Title 18, which seeks to promote the public health, safety, and general welfare of the people; protect the character and maintain the stability of residential, business and industrial areas; and to promote orderly and beneficial development. The project, as conditioned, is also consistent with the applicable requirements of the SEMU-R Zoning District, including a waiver of parking standards within one-half mile of a major transit stop as required by Government Section 65863.2 and as referenced in UCMC Section 18.37.180.

City Council/RSA Agenda 162 Tuesday, April 25, 2023
Resolution No. -23
SD-22-003
PA 4/Station East Residential