Union City City Council
June 27, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, June 27, 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

2. UNFINISHED BUSINESS - None

3. PROCLAMATIONS AND PRESENTATIONS

3.a. Proclamation In Honor And Recognition Of Masonic Homes Of California On Their 125th Anniversary

3.b. Proclamation In Recognition Of Bay Area Community Health (BACH), MyCare Lab, And Predicine During The COVID-19
Pandemic Response

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 Chair may, in their discretion, lower the time limit to less than three minutes based on the number of City Council/RSA Agenda 1 Tuesday, June 27, 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.

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 May 23, 2023 And June 13, 2023

5.c. Adopt A Resolution Accepting $1,800,000 From The 2024 Comprehensive Investment Program (CIP) Grant Funds From The Alameda County Transportation Commission (Alameda
CTC) For The Union City Boulevard Bike Lanes (Phase III Complete Streets) Project, City Project No. 17-29, Increasing The Revenue Projections In The Capital Projects Fund By $1,800,000, Appropriating The $1,800,000 To City Project No. 17-29, Earmarking $450,000 Of Previously Appropriated SB 1 Funds To Meet The Local Match Requirement, And Authorizing The City Manager To Sign The Required Grant Funding
Agreements In A Form Approved By The City Attorney

5.d. Adopt A Resolution Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With Nova Partners, Incorporated, In The Amount Of $175,000, For Construction Project Management Services For Various City-Owned Building Repairs And Renovations Projects For A Total Contract Amount Of $249,573 And Authorize Budget
Transfers From The Library Project To The Various Other Projects As Specified In The Resolution

5.e. Adopt A Resolution Approving Final Tract Map 8349, Authorizing The City Manager To Execute The Subdivision Improvement Agreement, Approving The Park Land Dedication In-Lieu Fee Of $29,160, And Approving The Sale Of 2,146 Square Feet Of City Property For $13,330 For The Seven Hills Estates Development

5.f. Adopt A Resolution Approving An Amendment To The City's Classification And Compensation Plan To Update The
City Council/RSA Agenda 2 Tuesday, June 27, 2023
Classification Specification For The Position Of Community Services Manager

5.g. Adopt A Resolution Approving An Amendment To The City's Classification And Compensation Plan To Update The
Classification Specification For The Position Of Building/Code Compliance Inspector

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS - None

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT

PEOPLE OF UNION CITY
The City Council's regular meetings are held on the second and fourth Tuesday of each month at 7:00 p.m. inside the Council Chamber at City Hall, 34009 Alvarado-Niles Road, Union City CA 94587. The City continues to offer an opportunity to participate in Council meetings via Zoom at: http://citycouncillive.unioncity.org/ ; Passcode: u8SH9cH^ Meetings are broadcast live through UCTV Channel 15 and via live stream at:
https://unioncity.org/199/City-Meetings-Video
Any writings or documents provided to a majority of City Council members relating to each item of business referred to on this agenda are available for review on the City's website at www.unioncity.org or during regular business hours in the Office of the City Clerk located at 34009 Alvarado-Niles Road, Union City CA 94587.

In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (510) 675-5448. Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired.

PUBLIC COMMENT
Written Comment: To provide written comment on an item on the agenda or to address the Council City Council/RSA Agenda 3 Tuesday, June 27, 2023
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 will be e-mailed to the City Council and made publicly available.

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.

CITY COUNCIL NORMALS AND GUIDELINES (Resolution No. 6095-23; Adopted 03/14/2023) The City Council of the City of Union City comply with the following norms:

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

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

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

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

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

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

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

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

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

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

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

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and City Council/RSA Agenda 4 Tuesday, June 27, 2023
met be the Council, and that the public can continue to have full confidence in the integrity of government.

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

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

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

CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING
I, Anna M. Brown, City Clerk of the City of Union City, California, state under penalty of perjury that this notice/agenda was posted at least 72 hours in advance of the meeting date, in accordance with the Ralph M. Brown Act, on the City's Website and on the bulletin board of City Hall.

City Council/RSA Agenda 5 Tuesday, June 27, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation Attachment
City Council/RSA Agenda 6 Tuesday, June 27, 2023

CITY OF UNION CITY

PROCLAMATION
In Honor and Recognition of
The Masonic Homes of California On Their 125th Anniversary

WHEREAS, caring and passionate service to others is a hallmark of the American character, and central to how we meet our call to service in Union City, and
WHEREAS, the local governments are increasingly turning to the support, participation, and volunteerism of community partners as a collaborative strategy to meet the needs of the community; and WHEREAS, under a model of service that supports civic collaboration, The Masonic Homes of California has extended a generous commitment to its home city, Union City, and to surrounding communities, by creating, hosting, sponsoring, or otherwise participating in meaningful activities to uplift community engagement; and WHEREAS, The Masonic Homes of California exemplifies the pillars of Safety, Personal Connection, Experience, and Efficiency in the care of their residents and the well-being of their staff; and WHEREAS, in celebration of 125 years of commitment to providing high quality care to those that reside in the Home; and helping the community live meaningful, rewarding lives.

NOW THEREFORE, BE IT RESOLVED that we, Mayor and Members of the City Council of the City of Union City, on behalf of the entire Union City community, do hereby proclaim our appreciation to The Masonic Homes of California for its outstanding work and commitment to exemplify Union City’s distinction as a responsive, compassionate, and caring community.

DATED this 10th day of June 2023
______________________________________
CAROL DUTRA-VERNACI, Mayor
______________________________________
GARY SINGH, Vice Mayor
______________________________________
JAIME PATIÑO, Councilmember
______________________________________
SCOTT SAKAKIHARA, Councilmember
______________________________________
JEFF WANG, Councilmember
City Council/RSA Agenda 7 Tuesday, June 27, 2023
Agenda Item
ATTACHMENTS:

Description Type
Proclamation for COVID-19 Response Resolution
City Council/RSA Agenda 8 Tuesday, June 27, 2023

CITY OF UNION CITY

PROCLAMATION

In Recognition of Bay Area Community Health (BACH), MyCare Lab, and Predicine During the COVID-19 Pandemic Response

WHEREAS, the Novel Coronavirus (COVID-19) pandemic resulted in serious illness or death over the last three years that impacted the City of Union City; and
WHEREAS, on March 12, 2020, Governor Gavin Newsom issued an Executive Order enhancing the state and local government’s ability to respond to the COVID-19 pandemic while the Alameda County Department of Public Health confirmed evidence of a community-acquired transmission of COVID-19; and WHEREAS, the City of Union City, and the Director of Emergency Services, found extraordinary measures to protect public health and safety through access of testing and vaccination sites; and WHEREAS, community partners such as BACH, MyCare Lab, and Predicine joined the emergency response to provide critical support to City of Union City employees and community members with no-cost COVID-19 testing and vaccinations; and WHEREAS, BACH deployed remote COVID-19 testing sites where over 4,800 tests and over 1,300 vaccinations were provided to City of Union City community members; and
WHEREAS, MyCare Lab deployed remote COVID-19 testing sites where over 2,400 tests were provided to City of Union City community members; and
WHEREAS, Predicine provided COVID-19 testing where over 1,000 tests were conducted for City employees.

NOW, THEREFORE, the City Council of the City of Union City does hereby extend its most heartfelt gratitude and appreciation to BACH, MyCare Lab, and Predicine for their invaluable assistance, care, and service to the Union City community during the COVID-19 Pandemic.

DATED this 27th day of June 2023.

CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor
JAIME PATIÑO, Councilmember
SCOTT SAKAKIHARA, Councilmember
JEFF WANG, Councilmember
City Council/RSA Agenda 9 Tuesday, June 27, 2023
Agenda Item
ATTACHMENTS:

Description Type
Draft Min 05232023 Attachment
Draft Min 06132023ss Attachment
City Council/RSA Agenda 10 Tuesday, June 27, 2023

MINUTES

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, May 23, 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 7:05

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. Proclamation in Recognition of June 2, 2023, as National Gun Violence Awareness Day
Mayor Dutra-Vernaci read the proclamation aloud and presented it to Human Relations Commissioner, Victor Lopez.

City Council/RSA Agenda 11 Tuesday, June 27, 2023

3.b. Proclamation Recognizing May 2023 As Mental Health Awareness Month Mayor Dutra-Vernaci read the proclamation aloud and presented it to Youth and Family Services Intervention Counselor, Adrian Valadez.

4. ORAL COMMUNICATIONS
Public comment was given by Maria Ramirez, Wendy Huang, Adeles Fan, Liz Ames and Mahesy Patel.

5. CONSENT CALENDAR
It was moved by Vice Mayor Singh and seconded by Councilmember Sakakihara to adopt consent calendar items 5.a. – 5.c., 5.e. – 5.h, 5.j. – 5.l. and 5.n. 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. Adopted Resolution No. 6122-23 Authorizing The City Manager To Execute The First Amendment To The Consulting Services Agreement With ROMA Collaborative, In The Amount Of $52,620, For The Design Review Of The Union City Intermodal Station, Phase 3 (Intercity Rail) Project, City Project No. 23-14, For A Total Contract Amount Of $127,480

5.c. Adopted Resolution No. 6123-23 Accepting $604,912 In Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Funding From The Metropolitan Transportation Commission, Increasing Revenue Projections In The Capital Projects Fund By $604,912, And Appropriating $604,912 To The Capital Projects Fund For The Construction Of The Union City Boulevard Bike Lanes Project, City Project No. 17-29

5.e. Adopted Resolution No. 6124-23 Approving Amendments to the Records Retention Schedule For the Economic and Community Development Department

5.f. Adopted Resolution No. 6125-23 Authorizing The Acceptance Of The Homeless Housing, Assistance And Prevention (HHAP) Grant, In The Amount of $122,203, From The State Of California, Homeless Coordinating And Financing Council (HCFC), To Address Immediate Homeless Challenges To Provide East County Safe Parking Operating Subsidies And Services, And Amending The Fiscal Year 2022-2023 HHAP Grant Fund Budget

5.g. Adopted Ordinance No. 914-23 Of The City Council Of The City Of Union City Approving And Re-Adopting A Military Equipment Use Policy As Stated In Chapter 2.62, "Military Equipment Use Policy" Of The Union City Municipal Code In Compliance With Assembly Bill 481

5.h. Adopted Resolution No. 6126-23 Authorizing The Acceptance Of A Private Donation To The Community And Recreation Services Department, In The Amount Of $10,000
City Council/RSA Agenda 12 Tuesday, June 27, 2023

5.j. Adopted Resolution No. 6127-23 Approving An Amendment To The Software As A Service Agreement With Tyler Technologies, Inc., To Be The New Enterprise Finance System, For A One-Time Implementation Cost Of $290,062.00, Bringing The Total Contract Cost To $526,922.00, And Approving A Recurring Annual Service Cost For The Enterprise Finance System Of $118,708.00, And Authorizing The City Manager To Execute The Purchase Agreement

5.k. Adopted Resolution No. 6128-23 Authorizing The City Manager To Execute And Annually Renew An Agreement With Concern Health For Employee Assistance Program (EAP) Services In A Form Approved By the City Attorney

5.l. Adopted Resolution No. 6129-23 Of The City Council Of Union City Amending The Previously Adopted Council Norms

5.n. Adopted Resolution No. 6130-23 Authorizing The Acceptance Of A California Automated Permit Processing (CalAPP) Program Grant, In The Amount Of $60,000, From The California Energy Commission, To Support The Deployment And Adoption Of The SolarAPP+ Platform, And Amending The FY 2022-2023 ECD Grants Fund Budget
Items pulled:

5.d. Adopt A Resolution Authorizing The Award Of A Construction Contract To Saviano Company, Inc., In The Amount Of $411,340, For The Veterans Memorial Park Tennis And Basketball Court Rehabilitation Project, City Project No. 22-22
Councilmember Sakakihara recused himself due to an economic conflict of interest under the Political Reform Act. Councilmember Sakakihara left the chamber.

It was moved by Councilmember Patiño and seconded by Councilmember Wang to adopt Resolution No. 6131-23 Authorizing The Award Of A Construction Contract To Saviano Company, Inc., In The Amount Of $411,340, For The Veterans Memorial Park Tennis And Basketball Court Rehabilitation Project, City Project No. 22-22. The motion was carried by the following roll call vote:

AYES: Councilmembers Patino, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: Councilmember Sakakihara
Councilmember Sakakihara returned to the dais.

5.i. Adopt A Resolution Awarding A Contract With MV Transportation, Inc., For The Operations And Maintenance Of Dumbarton Express Transbay Bus Service On Behalf Of The Dumbarton Bridge Regional Operations Consortium (DBROC) In A Full Contract Period Amount Not To Exceed $17,676,575.87 Funded With City Council/RSA Agenda 13 Tuesday, June 27, 2023
Regional Measure 2 Voter Approved Funds Administered By The AlamedaContra Costa Transit District (AC Transit), Authorizing The City Manager To Execute The Contract In A Form Approved By The City Attorney, And Assigning The Contract Administration To AC Transit For The Duration Of The Contract
Vice Mayor Singh recused himself due to an economic conflict of interest under the Political Reform Act. Vice Mayor Singh left the chamber.

It was moved by Councilmember Wang and seconded by Councilmember Sakakihara to adopt Resolution No. 6132-23 Awarding A Contract With MV Transportation, Inc., For The Operations And Maintenance Of Dumbarton Express Transbay Bus Service On Behalf Of The Dumbarton Bridge Regional Operations Consortium (DBROC) In A Full Contract Period Amount Not To Exceed $17,676,575.87 Funded With Regional Measure 2 Voter Approved Funds Administered By The Alameda-Contra Costa Transit District (AC Transit), Authorizing The City Manager To Execute The Contract In A Form Approved By The City Attorney, And Assigning The Contract Administration To AC Transit For The Duration Of The Contract. The motion was carried by the following roll call vote:

AYES: Councilmembers Patino, Sakakihara, Wang, Mayor DutraVernaci NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Singh
Vice Mayor Singh returned to the dais.

5.m. Adopt A Resolution To Dissolve The Current Economic Development Advisory Team (EDAT) And Reconstitute EDAT To Update Its Mission, Purpose And Membership
Councilmember Patiño pulled this item to voice his support for adding a second Councilmember to the membership of EDAT, adding his preference that the second member have a greater level of experience with EDAT.

It was moved by Councilmember Patiño and seconded by Councilmember Wang to adopt Resolution No. 6133-23 Dissolving The Current Economic Development Advisory Team (EDAT) And Reconstitute EDAT To Update Its Mission, Purpose And Membership. The motion was carried by the following roll call vote:

AYES: Councilmembers Patino, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
NOES: None
ABSTAIN: None
ABSENT: None

6. PUBLIC HEARINGS
City Council/RSA Agenda 14 Tuesday, June 27, 2023

6.a. Public Hearing and Adopt Two Resolutions 1) Adopting an Addendum to the 2040 General Plan EIR, And 2) Amending the General Plan (AG-23-001) to Adopt the 2023-2031 Housing Element and Safety Element Update Mayor Dutra-Vernaci and Councilmember Patiño had to recuse themselves due to economic conflicts of interest under the Political Reform Act. Both Mayor Dutra-Vernaci and Councilmember Patiño left the chamber.

Vice Mayor Singh chaired this portion of the meeting.

Economic and Community Development Director Carmela Campbell presented the staff report. Chelsea Payne of Ascent was also present to respond to Council questions. Staff responded to questions from Council.

Vice Mayor Singh opened the public hearing and called for public comment.

Public comment was given by Wendy Huang, Liz Ames and Anita Roque.

Vice Mayor Singh closed the public hearing.

Councilmembers provided comment. Councilmember Sakakihara proposed a stand-alone presentation on the Climate Change Vulnerability Assessment in the future.

It was moved by Councilmember Sakakihara and seconded by Councilmember Wang to adopt:

Resolution No. 6134-23 Adopting an Addendum to the 2040 General Plan EIR; and Resolution No. 6135-23 Amending the General Plan (AG-23-001) to Adopt the 2023-2031 Housing Element and Safety Element Update. The motion was carried by the following roll call vote:

AYES: Councilmembers Sakakihara, Wang, Vice Mayor Singh NOES: None
ABSTAIN: None
ABSENT: Councilmember Patiño, Mayor Dutra-Vernaci
Vice Mayor Singh left the meeting early.

7. CITY MANAGER REPORTS

7.a. Adopt A Resolution Authorizing The Commitment Of $3.0 Million From The 2014 Measure BB Transportation Expenditure Plan (TEP) Funds For The Union City Intermodal Station Project To The San Joaquin Regional Rail Commission (SJRRC) For The Environmental Clearance/Preliminary Engineering Of The Union City Intermodal Station, Phase 3 (Intercity Rail) Project
Public Works Director Ayupan, Kara Vuicich of the Metropolitan Transportation Commission, Cathy LaFata of HDR and Daniel Krause of AECOM presented the staff report and responded to questions from Council. Councilmembers provided comment.

Public comment was provided by Liz Ames.

City Council/RSA Agenda 15 Tuesday, June 27, 2023
It was moved by Councilmember Patiño and seconded by Councilmember Wang to adopt Resolution No. 6136-23 Authorizing The Commitment Of $3.0 Million From The 2014 Measure BB Transportation Expenditure Plan (TEP) Funds For The Union City Intermodal Station Project To The San Joaquin Regional Rail Commission (SJRRC) For The Environmental
Clearance/Preliminary Engineering Of The Union City Intermodal Station, Phase 3 (Intercity Rail) Project. The motion was carried by the following roll call vote:

AYES: Councilmembers Patino, Sakakihara, Wang, Mayor DutraVernaci NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Singh

7.b. Adopt A Resolution Authorizing The City Manager To Enter Into A Single Source Subscription Agreement With Flock Group Inc., In A Total Amount Not To Exceed $266,500 Over Five Years, For An Automated License Plate Reader (ALPR) System
Union City Police Lieutenant Mike Mahaney presented the staff report, providing information on what an ALPR is, how it can benefit the City of Union City, and addressed the concerns of privacy and surveillance. Lt. Mahaney responded to questions from Council. Councilmembers provided comment.

Public comment was given by Wendy Huang.

It was moved by Councilmember Patiño and seconded by Mayor Dutra-Vernaci to adopt Resolution No. 6137-23 The motion was carried by the following roll call vote:

AYES: Councilmembers Patino, Sakakihara, Wang, Mayor DutraVernaci NOES: None
ABSTAIN: None
ABSENT: Vice Mayor Singh

7.c. Informational Report On The National League Of Cities Endorsed Programs (CVS/Caremark Prescription Drug Discount Card And Service Line Warranty) And Seeking Policy Direction On Next Steps
Deputy City Manager Jennifer Phan presented the staff report, noting that the discussion had been held with the Legislative and Policy Committee, where both members noted their opposition to the programs. Staff responded to questions from Council. Councilmembers provided comment.

Consensus from the Council was not to move forward with implementing either program.

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY - None

9. AUTHORITIES AND AGENCIES - None
City Council/RSA Agenda 16 Tuesday, June 27, 2023

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL
Councilmember Wang reported on his attendance of the Alameda County Waste Management Authority/StopWaste Programs and Administration Committee meeting.

Councilmember Sakakihara reported on his attendance of a meeting of Alameda County Housing Authority.

Councilmember Patiño reported on his attendance of the board meeting and board retreat of the East Bay Community Energy Committee.

Mayor Dutra-Vernaci reported on her attendance of the Alameda County Mayors Conference.

13. GOOD OF THE ORDER
Councilmember Wang reported on meetings he had with the Alameda County Tobacco Control Program Director and Alameda County Fire Chief Rocha, and his attendance of the swearing in of new District 2 Supervisor, Elisa Márquez.

Councilmember Sakakihara reported on his attendance of the clean-up hosted by the Union City Chamber of Commerce and Human Relations Commission.

Councilmember Sakakihara requested an informational presentation on the Climate Change Vulnerability Assessment at a future council meeting.

Councilmember Patiño stated he will travel to Miami on May 24 to attend the Hispanic Elected Local Officials Summer Conference.

Councilmember Patiño noted that tomorrow was the one-year anniversary of the tragic mass shooting at Robb Elementary School in Uvalde, TX.

Mayor Dutra-Vernaci noted that a memorial for Union City resident and employee, Judy Cain, was held on May 20.

14. CLOSED SESSION - None

15. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:43 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 17 Tuesday, June 27, 2023

MINUTES

CITY OF UNION CITY

CITY COUNCIL

SPECIAL MEETING AND STUDY SESSION
Tuesday, June 13, 2023
5:00 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 5:03 p.m.

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

Absent: None

2. ORAL COMMUNICATIONS - None

3. STUDY SESSION

3.a. Study Session On The Proposed Five-Year Capital Improvement Plan, The Proposed FY 2023-2024 & FY 2024-2025 Citywide Biennial Budget And The Long Term Financial Forecast
City Manager Joan Malloy provided an introduction of the evening presentation including big picture forecast and the budget’s alignment with the City Council’s strategic plan goals.

City Manager Malloy presented a summary of Capital Improvements Projects.

Finance Director Acosta presented the following information:
 Summary of recommended new positions and current full time employees
 General Fund financial status
City Council/RSA Agenda 18 Tuesday, June 27, 2023
 FY 23/24 and 24/25 proposed budget
 Key revenue/expenditure assumptions
 General Fund revenue/expenditure trends
 All fund summary
 Next steps through to adoption of the budget
Steve Toler, of Baker Tilly, was present and provided additional comment.

Staff responded to questions from Council. Councilmembers provided the following direction:
 Replace the proposed salary savings amount based on four Police Officers with an amount based on a percentage of salaries and benefits
 Add the following four positions to the final budget:
 1 FTE Economic Development Coordinator in Economic &
Community Development (ECD)
 .5 FTE Administrative Assistant I in Information
Technology
 .5 FTE Administrative Assistant III in Public Works
 1 FTE Neighborhood Preservation Specialist in ECD
 Add funding for a Lobbyist agreement
 Add funding for a Climate Action Plan
 Add funding for a Facilities Master Plan

4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:30 p.m.

Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 19 Tuesday, June 27, 2023
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION ACCEPTING $1,800,000 FROM THE 2024

COMPREHENSIVE INVESTMENT PROGRAM (CIP) GRANT FUNDS FROM

THE ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA

CTC) FOR THE UNION CITY BOULEVARD BIKE LANES (PHASE III, COMPLETE STREETS) PROJECT, CITY PROJECT NO. 17-29, INCREASING

THE REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $1,800,000, APPROPRIATING THE $1,800,000 TO PROJECT NO. 17-29, EARMARKING $450,000 OF PREVIOUSLY APPROPRIATED SB-1 FUNDS TO

MEET THE LOCAL MATCH REQUIREMENT, AND AUTHORIZING THE

CITY MANAGER TO SIGN THE REQUIRED GRANT FUNDING

AGREEMENTS, IN A FORM APPROVED BY THE CITYATTORNEY
Staff recommends that the City Council adopt the attached resolution accepting $1,800,000 from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union City Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17-29, increasing the revenue projections in the Capital Projects Fund by $1,800,000, appropriating the $1,800,000 to Project No. 17-29, earmarking $450,000 of previously appropriated SB-1 funds to meet the Local Match requirement, and authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney.

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.

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

City Council/RSA Agenda 20 Tuesday, June 27, 2023

BACKGROUND
On April 27, 2017, Union City was awarded $7,800,000 (requiring $1,000,000 of local match using the City’s State Gas Tax (Fund 2510) funds for a total project budget of $8,800,000) by the Alameda County Transportation Commission (ACTC) through the Project Funding Agreement (PFA) for “Union City Boulevard Class II Bikes Lanes Project” for construction of over two (2) miles of new bicycle facilities along Union City Boulevard from approximately 600 feet south of Alvarado Boulevard to the southern city limits.

At the July 26, 2022 City Council Meeting, under Presentations, East Bay Discharge Authority and Cargill, Incorporated presented an Update of the Status of the Cargill Mixed Sea Salt Pipeline Project impacting Union City Boulevard including the Notice of Preparation (NOP) for the Environmental Documentation. This proposed Pipeline is within the same project limits as Union City Boulevard Bike Lanes Project, City Project No. 17-29.

Following the Pipeline Presentation, Public Works and Kimley-Horn presented an Update of the Union City Boulevard Bike Lanes Project including the benefits and cost sharing opportunities for combining the installation of underground pipeline with the bike lanes improvements, a major roadway project along Union City Boulevard, into one (1) construction package instead of the Pipeline project digging up the roadway 2-5 years later to install the underground pipeline.

The Pipeline and Union City Boulevard Bike Lanes project will be combined into one (1) Construction Package by the end of June 2023. It is anticipated that the project will be advertised in Summer 2023, with construction beginning Fall 2023, and completion by the Spring of 2025.

DISCUSSION
In early May 2022, Alameda CTC released a Notice for Funding Opportunity and Program Guidelines for the 2024 Comprehensive Investment Plan (CIP). This “Call for Projects” in the amount of $150.8 million includes combined federal One Bay Area Grant Program Cycle 3 (OBAG 3) funding and various of Alameda CTCadministered discretionary local funding sources, including Measure B/BB, Vehicle Registration Fee (VRF) and Transportation for Clean Air (TFCA) for eligible capital projects and programs within Alameda County for FY 2023-2024 through FY 2027-2028.

Union City staff submitted a 2024 CIP Grant Application in late June 2022 for Union City Boulevard Bike Lanes project for the Complete Streets and enhanced street lighting improvements. The City received Letters of Support (LOS) from the City’s BPAC members, City of Fremont, City of Hayward, Bike Fremont and others.

In early May 2023, after review of the City’s grant application, Alameda CTC notified Union City that they will recommend an award of $1.8 million for the Union City Boulevard Bike Lanes (Phase III Complete Streets) Project, City Project No. 17-29, including a Local Match of $450,000 (25% of Grant). By action of the Alameda CTC Commission at its meeting held on May 25, 2023, Alameda CTC awarded $1,800,000 in Alameda CTC Administered Funds to Union City for the Construction Phase of Union City Boulevard Bike Lanes (Phase III Complete Streets), City Project No. 17-29.

As part of the requirements to receive Alameda CTC administered grant funds, the Alameda CTC requires a Resolution accepting the awarded funding be adopted by the City Council of City of Union City confirming the following:

1. Commitment to secure matching funds against the awarded Alameda CTC Administered Funds; and

2. Commitment to provide any additional funding required to deliver the Awarded Construction Phase of Project, with an understanding the same shall not be funded with additional Alameda CTC Administered Funds; and

3. Commitment to implement the Awarded Construction Phase of Project as described in the funding application and the subsequent funding agreement between Alameda CTC and the Fund Recipient; and City Council/RSA Agenda 21 Tuesday, June 27, 2023

4. Commitment to comply with the Agreement; and

5. Commitment to comply with the applicable requirements set forth in Alameda CTC’s Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts.

After City Council approval, staff will submit the certified Resolution to Alameda CTC for preparation of the Project Funding Agreement (PFA), in the amount of $1,800,000, for the City Manager’s signature and execution.

FISCAL IMPACT
Union City will receive $1,800,000 in Alameda CTC administered grant funds for the Construction Phase of Union City Boulevard Bike Lanes (Phase III Complete Streets), City Project No. 17-29. City Councilaction is necessary to increase the revenue projections in Account Number 4100-91729-44502 (Capital Projects Fund – UCB Bike Lanes - Misc. County/Local Grants) by $1,800,0000 and to appropriate the $1,800,000 to Project No. 17-29, as wellas to earmark $450,000 of previously appropriated SB-1 funds to meet the required Local Match.

There will be no fiscal impact to the General Fund.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution:

1. Accepting $1,800,000 from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union City Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17-29, and

2. Increasing the revenue projections in account number 4100-91729-44052 (Capital Projects Fund – UCB Bike Lanes – Misc County/Local Grants) by $1,800,000, and

3. Appropriating the $1,800,000 to Project No. 17-29, account number 4100-3199-91729-54111, and

4. Earmarking $450,000 of previously appropriated SB-1 funds to meet the Local Match requirement, and

5. Authorizing the City Manager to sign the required grant funding agreements, in a form approved by the City Attorney.

Prepared by:

Marilou Ayupan, Public Works Director
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution -Alameda CTC$1.8 Million Grant for Union City Boulevard Resolution Exhibit A - Letters of Support Exhibit
City Council/RSA Agenda 22 Tuesday, June 27, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY ACCEPTING $1,800,000 FROM THE 2024 COMPREHENSIVE INVESTMENT

PROGRAM (CIP) GRANT FUNDS FROM THE ALAMEDA COUNTY

TRANSPORTATION COMMISSION (ALAMEDA CTC) FOR THE UNION CITY

BOULEVARD BIKE LANES (PHASE III, COMPLETE STREETS) PROJECT, CITY PROJECT NO. 17-29, INCREASING THE REVENUE PROJECTIONS IN THE CAPITAL PROJECTS FUND BY $1,800,000, APPROPRIATING THE $1,800,000 TO PROJECT NO. 17-29, EARMARKING $450,000 OF PREVIOUSLY APPROPRIATED SB-1 FUNDS TO MEET THE LOCAL MATCH REQUIREMENT, AND

AUTHORIZING THE CITY MANAGER TO SIGN THE REQUIRED GRANT

FUNDING AGREEMENTS, IN A FORM APPROVED BY THE CITY ATTORNEY WHEREAS, the Alameda County Transportation Commission (“ALAMEDA CTC”) administers funding programs for projects and programs that benefit the Alameda County transportation system, consisting of 2000 Measure B, 2010 Vehicle Registration Fee (“VRF”), 2014 Measure BB, CMA-TIP, and Transportation Fund for Clean Air Programs, and such funding is collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”; and
WHEREAS, City of Union City (“FUND RECIPIENT”) submitted a funding application (“APPLICATION”) to the ALAMEDA COUNTY TRANSPORTATION COMMISSION (“ALAMEDA CTC”) for Union City Boulevard Bike Lanes Project, (Phase III Complete Streets), City Project No. 17- 29 (“PROJECT”); and
WHEREAS, the PROJECT funding application included Letters of Support from Union City’s Bicycle and Pedestrian Advisory Commissioners, City of Fremont, City of Hayward, Bike Fremont and South Bay Salt Pond Restoration staff because this PROJECT will complete the bike lanes gap in Alameda County and will serve as Union City’s segment of the San Francisco Bay Trail, see Exhibit A; and
WHEREAS, the PROJECT will implement complete the continuous bike lanes for approximately two (2) miles from Alameda County Flood Control Channel (Fremont City Limits) to Smith Street, “Complete Streets” design improvements and enhance pedestrian and bicycle lighting at project corridor intersections (Lowry Road, Rocklin Drive, Delores Street, Dyer Street, Jean Drive, Regents Drive, Alvarado Boulevard, Horner Street and Smith Street); and
WHEREAS, by action of the ALAMEDA CTC Commission at its meeting held on May 25, 2023, ALAMEDA CTC awarded $1,800,000 in ALAMEDA CTC ADMINISTERED FUNDS to the FUND RECIPIENT for the implementation and delivery of the Awarded Construction Phase (“AWARDED PHASE(S)”) of PROJECT; and
WHEREAS, prior to receipt of any ALAMEDA CTC ADMINISTERED FUNDS, FUND RECIPIENT shall be required to enter into a Project Funding Agreement with ALAMEDA CTC for the PROJECT (“AGREEMENT”) based on ALAMEDA CTC’s form therefor, which AGREEMENT shall set forth certain project-specific requirements applicable to the PROJECT; and City Council/RSA Agenda 23 Tuesday, June 27, 2023
Resolution XXXX-23

WHEREAS, as part of the requirements to receive ALAMEDA CTC ADMINISTERED FUNDS awarded to the PROJECT, ALAMEDA CTC requires a resolution accepting the awarded funding to be adopted by the City of Union City’s governing body confirming the following:

1. CITY OF UNION CITY’S commitment to secure matching funds against the awarded ALAMEDA CTC ADMINISTERED FUNDS; and

2. CITY OF UNION CITY’s commitment to provide any additional funding required to deliver the AWARDED CONSTRUCTION PHASE OF PROJECT, with an understanding the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. CITY OF UNION CITY’s commitment to implement the AWARDED CONSTRUCTION PHASE of PROJECT as described in the funding application and the subsequent funding agreement between ALAMEDA CTC and the FUND RECIPIENT; and

4. CITY OF UNION CITY’s commitment to comply with the AGREEMENT; and

5. CITY OF UNION CITY’s commitment to comply with the applicable requirements set forth in ALAMEDA CTC’s Local Business Contract Equity (“LBCE”) Program for professional services and construction contracts funded with Measure B, Measure BB, and/or VRF funds, and abide by the LBCE procedures in the applicable solicitations and contracts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the CITY OF UNION CITY hereby accepts $1,800,000 from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union City Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17- 29; and
BE IT FURTHER RESOLVED that CITY OF UNION CITY, by adopting this resolution, does hereby state that:

1. FUND RECIPIENT will provide a minimum of $450,000 in matching funds anticipated to be from STATE SB-1 FUND (ACCOUNT 2515); and

2. FUND RECIPIENT understands that CITY OF UNION CITY shall be responsible to provide any additional funding required to deliver the AWARDED CONSTRUCTION PHASE OF PROJECT, and the same shall not be funded with additional ALAMEDA CTC ADMINISTERED FUNDS; and

3. AWARDED CONSTRUCTION PHASE of PROJECT will be implemented as described in the APPLICATION, AGREEMENT, and in this resolution; and

4. CITY OF UNION CITY will comply with the AGREEMENT; and

5. CITY OF UNION CITY will comply with the applicable requirements set forth in ALAMEDA CTC’s LBCE Program; and
BE IF FURTHER RESOLVED that CITY OF UNION CITY HEREBY confirms that there is no pending or threatened litigation that might in any way adversely affect CITY OF UNION CITY ’s ability to implement and deliver the proposed PROJECT; and BE IT FURTHER RESOLVED that CITY OF UNION CITY that the City Council of City Council/RSA Agenda 24 Tuesday, June 27, 2023
Resolution XXXX-23

the City of Union City hereby authorizes the City Manager to sign the required grant funding AGREEMENT, in a form approved by the City Attorney; and BE IT FURTHER RESOLVED that CITY OF UNION CITY shall provide ALAMEDA CTC with a fully-executed copy of this Resolution; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby increases the revenue projections in account number 4100-91729-44052 (Capital Projects Fund – UCB Bike Lanes – Misc County/Local Grants) by $1,800,000; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates the $1,800,000 to Project No. 17-29, account number 4100-3199-91729-54111; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby earmarks $450,000 of previously appropriated SB-1 funds to meet the Local Match requirement.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 27th day of June 2023, by the following vote:

City Council/RSA Agenda 25 Tuesday, June 27, 2023
Exhibit A
Letters of Support
City Council/RSA Agenda 26 Tuesday, June 27, 2023
June 29, 2022
Alameda County Transportation Commission
Comprehensive Investment Plan Grant Program
1111 Broadway, Suite 800
Oakland, CA, 94607
RE: Letter of Support for Union City Boulevard Bike Lanes Project under 2024 Comprehensive Investment Plan – Measure B/BB/VRF/TFCA
Dear Alameda CTC Grant Committee,
On behalf of the South Bay Salt Pond (SBSP) Restoration Project, I am writing in support of the City of Union City’s request for Alameda CTC grant (Measure B/BB/VRF/TFCA) funds for the construction of the Union City Boulevard (UCB) Bike Lanes Project.

The SBSP Restoration Project is a collaborative effort, jointly managed by the United States Fish and Wildlife Service, the California Department of Fish and Wildlife (CDFW), and the California State Coastal Conservancy. When complete, the Project will restore 15,100 acres of industrial salt ponds to a rich mosaic of tidal wetlands and other habitats, while maintaining or improving current levels of flood protection and – most importantly from your program’s perspective - providing increased and improved public access facilities.

Among the locations in our Project area is the Eden Landing Ecological Reserve, managed by CDFW. This part of our project is immediately adjacent to the western border of Union City, and we have been actively collaborating with Union City for many years on the planning and designs and more recently on the just-beginning implementation of our work.

One important aspect of this collaboration is the connection of the existing and planned bicycle lane and trail network with our project’s upcoming 4 miles of bikeable trail along the eastern edge of Eden Landing. This linkage will have synergistic beneficial effects that will be much greater than what either entity do on its own. A richer bicycle lane and trail network makes for a safer, healthier, and more efficient environment and human community within it.

To that end, we support and encourage this Bicycle Lane Project for funding under your program.

City Council/RSA Agenda 27 Tuesday, June 27, 2023
The Bicycle Pedestrian Advisory Committee (BPAC) and other bicycle advocates are also supportive of it and agree that it is designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices (MUTCD).

It is my understanding that the proposed 2022 UCB Bike Lanes Project has been enhanced and improved since its origin in 2017 (then known as the Union City Boulevard (UCB) Class 2 Bikes Lanes) to incorporate input from BPAC, Bike Advocates and other community members. These improvements include these:
• Implements “Complete Streets” Designs at Intersections incl. Traffic Signal Modifications
• Upgrades Class II to Class II Buffer Bike Lanes
• Adds a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School
• Significantly Enhances Street Lighting
• Improves roadway drainage to reduce flooding in the new bike lanes • Extends project limits from Alvarado Boulevard to Smith Street to extend Class II Buffer Bike Lanes and to provide access to the proposed Bay Trail off of Horner Street
For all of these reasons, I strongly support the proposed funding for work on this project. If there are any questions or if additional information would be helpful, please contact me at [email protected] or 650-814-0588.

Most sincerely,
Dave Halsing
Executive Project Manager
South Bay Salt Pond Restoration Project
California State Coastal Conservancy
1515 Clay St., 10th Floor
Oakland, CA, 94612
City Council/RSA Agenda 28 Tuesday, June 27, 2023
We are Fremont, Union City and Newark residents passionate about improving bikeways in our area so that people will choose to bicycle to work, schools, and shopping. https://www.facebook.com/BikewaysFremont/ [email protected] https://www.meetup.com/Bikeways-for-Fremont/ @Bike_Fremont Bike Fremont
Jun 30, 2022
RE: Support for Union City Boulevard Bike Lane project.

Dear Grant Selection Committee:

I am writing on behalf of Bike Fremont to express support for the Union City Boulevard Bike Lane Project. This addresses a major safety concern along the major arterial north-south bike route in western Union City, as identified in the recent bicycle master plan (the route marked in red in the excerpt below).

In addition to general safety improvements (including RRFB’s, better lighting and Union City’s first protected intersection elements), the project also provides buffered bike lanes and upgrades signal detection for bicyclists. We especially welcome the significant improvements near Eastin Elementary School to create much safer routes to school there. All of these are welcome Bike Fremont
City Council/RSA Agenda 29 Tuesday, June 27, 2023
–2– 2022-06-30
additions for this major commute corridor connecting a large residential area to employment centers to the north and south. This goes a long way to making this an all-ages-and-abilities bike route, especially with connections to all-ages-and-abilities routes to the south in Fremont.

If you have any questions please feel free to contact me directly.

Sincerely yours,
Andreas V. Kadavanich
Bike Fremont co-organizer
[email protected], [email protected]
(510) 676-6565
City Council/RSA Agenda 30 Tuesday, June 27, 2023
June 29, 2022
RE: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
As a Bicycle Pedestrian Advisory Committee (BPAC) member for the past few years for the City of Union City, I am excited to write this Letter of Support (LOS) for the City’s request for Alameda CTC grant (Measure B/BB/VRF/TFCA) funds for the construction of the Union City Boulevard Bike Lanes Project. This project which has reviewed by BPAC and other bicycle advocates at the April 19, 2022 BPAC meeting has been designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices (MUTCD).

This project identified as Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017 is funded with an $8.8 million Alameda CTC Project Funding Agreement No. A17-0125 (Project No. 1480014). The 2017 bike lane project from Alvarado Boulevard to Fremont City Limits (Alameda Creek Flood Control Channel) consisted of reconstructing the median island, improving access to Delaine Eastin Elementary Schools at UCB/Rocklin Drive, slurry seal, signage and restriping the existing pavement for proposed Class II bike lanes. The total construction cost was estimated at $7.8 million.

The proposed 2022 UCB Bike Lanes Project has been enhanced and improved to incorporate input from BPAC member, Bike Advocates and other community members. These improvements now consist of the following:
• Implements “Complete Streets” Designs at Intersections incl. Traffic Signal Modifications • Upgrades Class II to Class II Buffer Bike Lanes
• Adds a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School
• Significantly Enhances Street Lighting (for all modes) • Improves roadway drainage to reduce flooding in the new bike lanes • Extends project limits from Alvarado Boulevard to Smith Street to extend Class II Buffer Bike Lanes and to provide access to the proposed Bay Trail off of Horner Street The updated total construction cost is now estimated at $ 16.3 million.

As a BPAC member, I, along with my fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified Union City Boulevard Bike Lanes Project as a high priority bikeway project because it serves as San Francisco Bay Trail (on-street) alignment connecting to the Bay Trail in Hayward and Fremont.

Completion of this segment of the bikeway network will also provide direct access to Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express my support Union City Boulevard Bike Lanes Project.

Sincerely,
Mandeep Gill
Union City BPAC Member
DocuSign Envelope ID: B42B59A4-269D-484A-A938-93624CC7A929 City Council/RSA Agenda 31 Tuesday, June 27, 2023
June 29, 2022
RE: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
I am writing in support of Union City’s request for Alameda CTC grant funds for the construction of the Union City Boulevard Bike Lanes Project. This project is not only important to the city and local cyclists, it will complete a very significant gap in the East Bay as a north-south regional connector through Union City connecting to Hayward and to Fremont. Cycling advocates and organizations have worked for years to close this gap. Union City Blvd has adequate right-of-way to provide safe access for all travel modes. But, for many years this was seen as an arterial bypass for I-880 and was designed for moving auto and truck traffic efficiently through the city. This resulted in a very difficult challenge for cyclists who were forced to ride in the travel lane or on the sidewalk.

As a Bicycle Pedestrian Advisory Committee (BPAC) member I have been part of the review process for this project, including at our most recent meeting on April 19, 2022. The BPAC understands this project has been designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices.

Since the original project identified as Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017 the project limits have been expanded and there have been many enhancements and improvements to incorporate input from BPAC members, Bike Advocates and other community members. These enhancements and improvements include numerous design elements, lighting and traffic signal modifications, buffered bike lane upgrades, safety improvements near the school and several intersections. The updated total construction cost has increased to $ 16.3 million. I am very supportive of the current proposal as it is a substantial improvement from the 2017 plan and will provide much improved access for bicycles and pedestrians in this important corridor.

I, along with my fellow BPAC members, take pride in our contributions to the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified Union City Boulevard Bike Lanes Project as a high priority bikeway project. In addition to closing a regional gap, it will also serve as San Francisco Bay Trail (on-street) alignment and provide access to Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express my support Union City Boulevard Bike Lanes Project.

Sincerely,
Glenn Kirby
Union City BPAC Member
City Council/RSA Agenda 32 Tuesday, June 27, 2023
June 29, 2022
Re: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
As a Bicycle & Pedestrian Advisory Committee (BPAC) member for the City of Union City, I am pleased to write this Letter of Support (LOS) for the City’s request for Alameda CTC grant (Measure B/BB/VRF/TFCA) funds for the construction of the Union City Boulevard (UCB) Bike Lanes Project. This project was reviewed by BPAC and other bicycle advocates at our April 19, 2022, BPAC meeting. The project has been designed to meet the most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and the California Manual on Unified Traffic Control Devices (MUTCD).

This project, identified as the Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017, was funded with $8.8 million under the Alameda CTC Project Funding Agreement No. A17- 0125 (Project No. 1480014). The 2017 bike lane project from Alvarado Boulevard to the Fremont City Limits (Alameda Creek Flood Control Channel) consisted of reconstructing the median island, improving access to Delaine Eastin Elementary Schools at UCB/Rocklin Drive, and making the associated street improvements for the proposed Class II bike lanes. The total construction cost at the time was estimated at $7.8 million.

Today, the planned UCB Bike Lanes Project has been enhanced and improved to incorporate input from BPAC members, bicycling advocates and other community members. These enhancements and improvements consist of the following:
 Implements “Complete Streets” designs at intersections including traffic signal modifications  Upgrades Class II to Class II buffered bike lanes
 Adds a new Class I bikeway on the west side of UCB from Lowry Road to Rocklin Drive and to Delaine Eastin Elementary School
 Significantly enhances street lighting (for all modes)  Improves roadway drainage to reduce flooding in the new bike lanes  Extends project limits from Alvarado Boulevard to Smith Street to extend Class II buffered bike lanes and to provide access to the proposed San Francisco Bay Trail adjacent to Horner Street
The updated total construction cost is now estimated at $16.3 million.

City Council/RSA Agenda 33 Tuesday, June 27, 2023
Alameda CTC 2024 Comprehensive Improvement Program (CIP) Page 2 of 2 Measure B, Measure BB, VRF and TFCA Grant Funds
J Lew, BPAC, Letter of Support for Union City Boulevard Bike Lanes Project As a BPAC member, I, along with my fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified the UCB Bike Lanes Project as a high priority bikeway project because it serves as a San Francisco Bay Trail (on-street) alignment connecting to the Bay Trail in both Hayward and Fremont. Completion of this segment of the bikeway network will also provide direct access to the Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express my support for the Union City Boulevard Bike Lanes Project.

Sincerely,
Jo Ann Lew

JO ANN LEW
Union City BPAC Member
City Council/RSA Agenda 34 Tuesday, June 27, 2023
June 29, 2022
RE: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
As a Bicycle Pedestrian Advisory Committee (BPAC) member for the past few years for the City of Union City, I am excited to write this Letter of Support (LOS) for the City’s request for Alameda CTC grant (Measure B/BB/VRF/TFCA) funds for the construction of the Union City Boulevard Bike Lanes Project. This project which has reviewed by BPAC and other bicycle advocates at the April 19, 2022 BPAC meeting has been designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices (MUTCD).

This project identified as Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017 is funded with an $8.8 million Alameda CTC Project Funding Agreement No. A17-0125 (Project No. 1480014). The 2017 bike lane project from Alvarado Boulevard to Fremont City Limits (Alameda Creek Flood Control Channel) consisted of reconstructing the median island, improving access to Delaine Eastin Elementary Schools at UCB/Rocklin Drive, slurry seal, signage and restriping the existing pavement for proposed Class II bike lanes. The total construction cost was estimated at $7.8 million.

The proposed 2022 UCB Bike Lanes Project has been enhanced and improved to incorporate input from BPAC member, Bike Advocates and other community members. These improvements now consist of the following:
• Implements “Complete Streets” Designs at Intersections incl. Traffic Signal Modifications • Upgrades Class II to Class II Buffer Bike Lanes
• Adds a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School
• Significantly Enhances Street Lighting (for all modes) • Improves roadway drainage to reduce flooding in the new bike lanes • Extends project limits from Alvarado Boulevard to Smith Street to extend Class II Buffer Bike Lanes and to provide access to the proposed Bay Trail off of Horner Street The updated total construction cost is now estimated at $ 16.3 million.

As a BPAC member, I, along with my fellow BPAC members, played an instrumental role in the development of the recently approved 2021 Bicycle & Pedestrian Master Plan. This plan identified Union City Boulevard Bike Lanes Project as a high priority bikeway project because it serves as San Francisco Bay Trail (on-street) alignment connecting to the Bay Trail in Hayward and Fremont.

Completion of this segment of the bikeway network will also provide direct access to Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express my support Union City Boulevard Bike Lanes Project.

Sincerely,
Steven Nichols
Union City BPAC Member
DocuSign Envelope ID: C11B1572-5C19-4031-A26C-FBB62CA10E4B City Council/RSA Agenda 35 Tuesday, June 27, 2023
Public Works Department
39550 Liberty Street, P.O. Box 5006, Fremont, CA 94537-5006 www.fremont.gov
June 29, 2022
RE: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
On behalf of the City of Fremont, I am pleased to write this Letter of Support for Union City’s request for an Alameda CTC grant for the construction of the Union City Boulevard Bike Lanes Project. This project has been designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices (MUTCD).

This project identified as Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017 was initially funded with an $8.8 million Alameda CTC grant. The proposed 2022 UCB Bike Lanes Project has been enhanced and improved to incorporate improvements that now consist of the following:
• Implements “Complete Streets” designs at intersections incl. traffic signal modifications • Upgrades Class II to Class II buffered bike lanes
• Adds a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School
• Significantly enhances street lighting (for all modes) • Improves roadway drainage to reduce flooding in the new bike lanes • Extends project limits from Alvarado Boulevard to Smith Street to extend Class II buffered bike lanes and to provide access to the proposed Bay Trail off of Horner Street The updated total construction cost is now estimated at $16.3 million.

The recently approved 2021 Bicycle & Pedestrian Master Plan identified Union City Boulevard Bike Lanes Project as a high priority bikeway project because it serves as San Francisco Bay Trail (on-street) alignment connecting to the Bay Trail in Hayward and Fremont.

Completion of this segment of the bikeway network will also provide direct access to Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express support for the Union City Boulevard Bike Lanes Project.

Sincerely,
Hans F. Larsen
Public Works Director
City Council/RSA Agenda 36 Tuesday, June 27, 2023
PUBLIC WORKS DEPARTMENT T: 510.583.4730 TTD: 510.247.3340 ENGINEERING & TRANSPORTATION F: 510.583.3620 www.hayward-ca.gov 777 B Street, Hayward, CA 94541
June 30, 2022
RE: Alameda CTC 2024 Comprehensive Improvement Program (CIP) Measure B, Measure BB, VRF and TFCA Grant Funds
Letter of Support for Union City Boulevard Bike Lanes Project Dear Alameda CTC Grant Committee,
On behalf of the City of Hayward, I am pleased to write this Letter of Support (LOS) for the City’s request for Alameda CTC grant (Measure B/BB/VRF/TFCA) funds for the construction of the Union City Boulevard Bike Lanes Project. This project which has reviewed by BPAC (Bicycle Pedestrian Advisory Committee) and other bicycle advocates at the April 19, 2022 BPAC meeting has been designed to meet most current design standards by NACTO, Caltrans DIB 89, Class IV Bikeway and California Manual on Unified Traffic Control Devices (MUTCD).

This project identified as Union City Boulevard (UCB) Class 2 Bikes Lanes back in 2017 is funded with an $8.8 million Alameda CTC Project Funding Agreement No. A17-0125 (Project No. 1480014). The 2017 bike lane project from Alvarado Boulevard to Fremont City Limits (Alameda Creek Flood Control Channel) consisted of reconstructing the median island, improving access to Delaine Eastin Elementary Schools at UCB/Rocklin Drive, slurry seal, signage and restriping the existing pavement for proposed Class II bike lanes. The total construction cost was estimated at $7.8 million.

The proposed 2022 UCB Bike Lanes Project has been enhanced and improved to incorporate input from BPAC member, Bike Advocates and other community members. These improvements now consist of the following:
• Implements “Complete Streets” Designs at Intersections incl. Traffic Signal Modifications • Upgrades Class II to Class II Buffer Bike Lanes
• Adds a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School • Significantly Enhances Street Lighting (for all modes) • Improves roadway drainage to reduce flooding in the new bike lanes • Extends project limits from Alvarado Boulevard to Smith Street to extend Class II Buffer Bike Lanes and to provide access to the proposed Bay Trail off of Horner Street The updated total construction cost is now estimated at $ 16.3 million.

The recently approved 2021 Bicycle & Pedestrian Master Plan identified Union City Boulevard Bike Lanes Project as a high priority bikeway project because it serves as San Francisco Bay Trail (on-street) alignment connecting to the Bay Trail in Hayward and Fremont. Completion of this segment of the bikeway network will also provide direct access to Alameda Creek Regional Trail and Coyote Hills Regional Park on the west side of Union City.

Thank you for the opportunity to express my support Union City Boulevard Bike Lanes Project.

Sincerely,
Alex Ameri
City of Hayward, Director of Public Works
City Council/RSA Agenda 37 Tuesday, June 27, 2023
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE THE FIRST AMENDMENT TO THE CONSULTING SERVICES

AGREEMENT WITH NOVA PARTNERS, INCORPORATED, IN THE AMOUNT OF $175,000, FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES

FOR VARIOUS CITY-OWNED BUILDING REPAIRS AND RENOVATIONS PROJECTS FOR A TOTAL CONTRACT AMOUNT OF $249,573, AND

AUTHORIZE BUDGET TRANSFERS FROM THE LIBRARY PROJECT TO

THE VARIOUS OTHER PROJECTS AS SPECIFIED IN THE RESOLUTION Staff recommends that the City Council authorize the City Manager to enter into a First Amendment to the Consulting Services Agreement (“First Amendment”) with Nova Partners, Incorporated (“Nova”), in the amount of $175,000, for construction project management services for various City-Owned Building Repairs and Renovations Projects, for a total contract amount of $249,573 and authorize budget transfers from the Library Project to the various other projects as specified in the resolution.

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

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

BACKGROUND
On June 14, 2022, the City Counciladopted Resolution No. 5953-22, approving a Consulting Services Agreement for pre-construction project management of four high-priority capital projects involving the library, the City Hall atrium garden, the emergency generator at City Hall/Police, and the Historical Museum with Swinerton Management & Consulting (“Swinerton”).

Although the original contract was intended for assistance with specifically pre-construction tasks (such as bid preparation), the increase in staff workload demands, including various emergency repairs, required the City to City Council/RSA Agenda 38 Tuesday, June 27, 2023
engage Swinerton for construction project management tasks, as well, starting with the repair of the library roof.

Staff continues to require assistance with pre-construction and construction project management tasks, both for the original priority projects as well as several additional ones. As staff realized that the workload exceeded Swinerton’s capacity to assist, another firm was sought to replace them. Nova Partners, Incorporated, was engaged in February 2023 to handle both the pre-construction and construction management tasks on a threemonth trial period, ending on May 31, 2023, for a total contract amount of $74,573. Staff has been satisfied with the work Nova has provided thus far and wishes to further use their services.

DISCUSSION
On April 12, 2022, City Council approved Resolution No. 5922-22a, which directed that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects.

Included were four high-priority projects that the City contracted with Swinerton to provide pre-construction project management: 1) the library roof; 2) the City Hall atrium garden; 3) the emergency generator at City Hall/Police; and, 4) the Historical Museum. Repairs to the library roof and the water-damaged interior surfaces of the library were satisfactorily completed; however, minimal or no progress was made on the other projects while additional projects, including emergency repairs, continued to strain limited staff resources.

Nova was contracted on February 27, 2023, on a three-month trial basis, for both pre-construction tasks and construction project management assistance. Staff has been satisfied with Nova’s performance and wishes to retain their services for an expanded list of capital facility improvements. The replacement of the library roof has been removed from the list of the original four high-priority capital projects as the repairs completed are sufficient to keep it serviceable for at least another year and replacing it is no longer a priority at this time. The following is the updated list of priority projects:

City Hall / Police Department: Emergency Generator Redundancy and Building Rewiring Historic Museum: Hazardous Materials abatement, interior plaster replacement, waterproofing repairs, roof replacement
City Hall Atrium Garden: Waterproofing / roofing repairs, removal and replacement of existing soil, subdrain systems, irrigation, and planting
City Hall: Secondary Emergency Battery Backup Installation Fire Station 31: Exhaust Removal System, Kitchen & Shower Room Remodel Fire Station 32: Exhaust Removal System
Public Works continues to depend on Nova to oversee these urgent projects. Nova will continue to provide preconstruction project management services that include preparation of bid documents, procurement of contractors for the repairs to City facilities, as wellas also providing project management of the construction activity.

As previously noted, the replacement of the library roof is no longer necessary after the repairs that were made, leaving an unused fund balance of $189,904 available to fund the First Amendment for Nova’s construction project management of the updated list of priority projects.

FISCAL IMPACT
The First Amendment will increase Nova’s compensation by $175,000 and will be funded with the unused balance of $189,904 in the completed Library Roof Replacement/Interior Repairs Project in General Fund Account Numbers 1110-3199-92221-54110 and 54111. There will be no new impacts to the General Fund.

RECOMMENDATION
City Council/RSA Agenda 39 Tuesday, June 27, 2023
Staff recommends that the City Council authorize the City Manager to enter into a First Amendment to the Consulting Services Agreement with Nova Partners, Incorporated, in the amount of $175,000, for construction project management services for various City-Owned Building Repairs and Renovations Projects, for a total contract amount of $249,573, and authorize budget transfers from the Library Project to the various other projects as specified in the resolution.

Prepared by:

Jose Gutierrez, Supervising Construction Inspector
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Attachment 1 - First Amendment to CSA Attachment
Resolution - Nova Partners Contract Amendment Resolution City Council/RSA Agenda 40 Tuesday, June 27, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and Nova Partners, Incorporated

FIRST AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT (C5939)
THIS FIRST AMENDMENT (the “First Amendment”) is effective as of this 31st day of May, 2023 by and between THE CITY OF UNION CITY, a municipal corporation, (“City”) and Nova Partners, Incorporated, ("Consultant"), collectively referred to as the "Parties." W I T N E S S E T H:

WHEREAS, on February 27, 2023, the Parties entered into a Consulting Services Agreement (C5939) (“Agreement”) wherein the Consultant will provide the City with consulting services related to Project Management Services, City Project No. 22-21, in the amount of $74,573; and WHEREAS, the Parties desire to amend the Agreement to extend the term of services to be provided by the Consultant, expand the scope of services to be provided by the Consultant, and increase the compensation; and
WHEREAS, the City and Consultant desire to enter into this First Amendment.

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

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

2. The “Term of Services,” as set forth in the first sentence of Section 1.1 of the Agreement, is hereby extended to December 31, 2023.

3. The first sentence of Section 2 “COMPENSATION”, of the Agreement is hereby amended to reflect payment based upon a sum increase of One Hundred Seventy-Five Thousand Five Dollars ($175,000), as set forth in Exhibit B of this First Amendment.

The total compensation under the Agreement including this Amendment shall not exceed a total contract amount of Two Hundred Forty-Nine Thousand Five Hundred Seventy-Three Dollars ($249,573). The first sentence shall now read:

City hereby agrees to pay Consultant a sum not to exceed Two Hundred FortyNine Thousand Five Hundred Seventy-Three Dollars ($249,573), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement.

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

City Council/RSA Agenda 41 Tuesday, June 27, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and Nova Partners, Incorporated

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

THE CITY OF UNION CITY NOVA PARTNERS, INCORPORATED
By By
Joan Malloy David Marks
City Manager Principal
Attest:
___________________________
Anna M. Brown
City Clerk
Approved as to Form:
____________________________
Kristopher J. Kokotaylo
City Attorney
DocuSign Envelope ID: 41D58881-C624-4BC0-9AAD-4E2779D19407 5/31/2023
City Council/RSA Agenda 42 Tuesday, June 27, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and Nova Partners, Incorporated

EXHIBIT A

SCOPE OF SERVICES
City Council/RSA Agenda 43 Tuesday, June 27, 2023
First Amendment to the Consulting Services Agreement
between City of Union City and Nova Partners, Incorporated

EXHIBIT B

COST PROPOSAL
City Council/RSA Agenda 44 Tuesday, June 27, 2023
RESOLUTION NO. ____________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT

TO THE CONSULTING SERVICES AGREEMENT
WITH NOVA PARTNERS, INCORPORATED, IN THE AMOUNT OF $175,000,

FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES FOR CITY-OWNED BUILDING REPAIRS AND RENOVATIONS, CITY PROJECT NO. 22-21, FOR A TOTAL CONTRACT AMOUNT OF $249,573
WHEREAS, on April 12, 2022, the City Council passed Resolution No. 5922-22a, directing that part of the unanticipated budget savings in the General Fund be programmed for reinvestment in unfunded, one-time, capital projects; and
WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5953-22, approving a Consulting Services Agreement with Swinerton Management & Consulting (“Swinerton”), in the amount of $75,630, for pre-construction project management of four high-priority capital projects involving the library, the City Hall atrium garden, the emergency generator at City Hall/Police, and the Historical Museum; and
WHEREAS, although the original contract was for assistance with pre-construction management tasks, due to increased staff workload demands, including emergency repairs, staff had to engage Swinerton for construction project management of the library roof repair; and WHEREAS, the workload demands of both pre-construction project management and construction project management services for the original high-priority capital projects, as well as several additional priority projects and emergency repairs, exceeded Swinerton’s capacity to assist; and
WHEREAS, Nova Partners, Incorporated (“Nova”), was contracted on February 27, 2023, for both the pre-construction project management and construction project management tasks, on a three-month trial period ending on May 31, 2023, for a total contract amount of $74,573; and WHEREAS, staff has been satisfied with the work Nova has done thus far and wishes to further use their services; and
WHEREAS, of the original list of four high-priority projects, the replacement of the library roof has been removed as it is now free from leaks after repairs were made and it is no longer necessary to replace it at this time; and
WHEREAS, the following is the updated list of priority projects:
• City Hall / Police Department: Emergency Generator Redundancy and Building Rewiring • Historic Museum: Hazardous Materials abatement, interior plaster replacement, waterproofing repairs, roof replacement
City Council/RSA Agenda 45 Tuesday, June 27, 2023
Resolution No. XXXX-23

• City Hall Atrium Garden: Waterproofing / roofing repairs, removal and replacement of existing soil, subdrain systems, irrigation, and planting • Fire Station 31 and Fire Station 32: Exhaust Removal System WHEREAS, the First Amendment to the Consulting Services Agreement with Nova Partners, Incorporated, will increase Nova’s compensation by $175,000, for which funds are available from the unanticipated budget savings in the General Fund (Fund 1110) per Resolution No. 5922-22a, specifically from the unused fund balance of $189,904 in the completed Library Roof Placement/Interior Repairs Project, City Project No. 22-21 (Account 1110-3199-92221-54111), to be allocated in the following manner:

Account Number Project Description Amount
1110-3199-92229-54110 City Hall / Police Department: Emergency Generator Redundancy and Building Rewiring
$25,000
1110-3199-92228-54110 Historic Museum: Hazardous Materials abatement, interior plaster replacement, waterproofing repairs, roof replacement $25,000
1110-3199-92230-54110 City Hall Atrium Garden: Waterproofing / roofing repairs, removal and replacement of existing soil, subdrain systems, irrigation, and planting
$25,000
1110-3199-92312-54110 Fire Station 31 and Fire Station 32: Exhaust Removal System $15,000 1110-3199-99999-54110 Future Projects $85,000
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Union City does hereby adopt a resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement, in the amount of $175,000, with Nova Partners, Incorporated, for Construction Project Management Services.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 27thday of June 2023, by the following vote:

City Council/RSA Agenda 46 Tuesday, June 27, 2023
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING FINAL TRACT MAP 8349,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION

IMPROVEMENT AGREEMENT, APPROVING THE PARK LAND
DEDICATION IN-LIEU FEE OF $29,160, AND APPROVING THE SALE OF 2,146 SQUARE FEET OF CITY PROPERTY FOR $13,330 FOR THE SEVEN

HILLS ESTATES DEVELOPMENT
Staff recommends that the City Councilapprove Final Tract Map 8349, authorize the City Manager to execute the associated Subdivision Improvement Agreement for the proposed 6-lot single family development on private street, approve the park land dedication in-lieu fee of $29,160, and approve the sale and transfer of a portion of city property for $13,330 for private street purposes.

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

Goal C, Strategy 8: Prioritize and expedite major land use applications.

BACKGROUND
On June 17, 2021, the Planning Commission recommended the approval of the Site Development Review, the Use Permit, Tentative Tract Map 8349, and the Development Agreement (“Development Agreement”) for the Seven Hills Estates Development. The Development Agreement included the disposition of a small portion of the park property to facilitate the development of the project.

At its meeting on July 13, 2021, the City Council approved the Site Development Review, the Use Permit, Tentative Tract Map 8349, and the Development Agreement for the Seven Hills Estates Development. The property is owned by Sowjanya Paruchuri, et al (referred to herein collectively as the “developer”).

City Council/RSA Agenda 47 Tuesday, June 27, 2023
The developer has presented Final Tract Map 8349, which is in substantialcompliance with the Tentative Tract Map 8349. The developer has also agreed to sign the Subdivision Improvement Agreement, which details the responsibilities of development. In addition, the developer has provided the plat and legal description (Exhibit C) for the portion of the park property that is needed to build the private street to serve the new development.

This exhibit is part of the grant deed needed to transfer the property to the developer.

DISCUSSION
Located at the east end of Florence Street, a public street, the six-acre project site (APN: 87-24-2-7) is a vacant lot that has not been developed, despite attempts in the past.

The site consists of a steep hillside with slopes that increase from under ten percent (10%) at the southerly portion to over forty percent (40%) along the northerly portion of the site.

There are single-family homes located west of Florence Street and 7 Hills Park is located south of the proposed development. The public street, Florence Street, will be extended approximately 400 feet to the east around which the six homes will be built. The extension of Florence Steet will be a private cul-de-sac, shown as Florence Circle on Tract Map 8349.

The developer is requesting approval of Final Tract Map 8349 (Exhibit A) which willallow for the creation of a private cul-de-sac to serve the six-lot subdivision to construct six (6) detached single family homes. Tract Map 8349 substantially conforms to all requirements and conditions set forth on the Tentative Parcel Map 8349.

City staff, assisted by the City Attorney’s office, has presented a Subdivision Improvement Agreement to the developer, who has agreed to sign it. The Agreement outlines the responsibilities for the development per the approved plans, including the payment of fees, a Faithful Performance Bond ($814,000), a Labor and Materials Bond ($814,000) and insurance requirements.

The design of the new private roadway (cul-de-sac) requires the project to acquire 2,146 square feet of an undeveloped and unused strip of land from 7 Hills Park, as shown in Exhibit C. This strip of land, although technically a part of the park property, is located at the edge of the park along a high ridge where Florence Street meets the steep access road that goes down to the main portion of the park.

The City is also gaining 816 square feet of land from the developer to extend Florence Street at the confluence of the access road to the park and the private cul-de-sac that will serve the project. The developer is required to pay the City for the net 1,330 square feet that will be used for their private road after subtracting the area that will be conveyed to the City for the extension of Florence Street. The developer will purchase the property for $10/square foot. That amount was determined based on a previous appraisal obtained by the City for similar property in the same neighborhood. This arrangement was included in the executed Development Agreement for this project. Because the property being sold is under 5,000 square feet and being sold to the adjacent property owner (the developer), the property qualifies as exempt surplus land under Government Code section 54221(f)(1)(B). The developer will also be repaving and expanding the portion of Florence Street that the City is acquiring from the developer.

FISCAL IMPACT
The developer has agreed to pay all fees required per the Public Works Department’s Conditions of Approval, including the following:

1. Grading Permit Fee - $3,095

2. Grading Permit Bond - $30,073 (Refundable)

3. Tree Replacement In-Lieu Fee - $3,500

4. Traffic Signalization Fee - $12,372

5. Plan Check & Inspection Fees - $70,370

6. Final Map Filing Fee - $14,481
City Council/RSA Agenda 48 Tuesday, June 27, 2023

7. Park Land Dedication In-Lieu Fee – $29,160

8. Stormwater Treatment In-lieu Fee - $87,300

9. Park Property Sale (Net Proceeds) - $ 13,330
Union City Municipal Code, Chapter 17.30 requires developers who are subdividing property to either dedicate property for parks or pay an in-lieu fee as a condition of final map approval. Because the General Plan does not contemplate a park within the boundaries of the proposed subdivision and the subdivision is only 6 lots, Municipal Code section 17.30.050 requires the developer to pay an in-lieu fee.

The calculation of the in-lieu fees is determined in accordance with Union City Municipal Code Section

17.30.070. The fee is based upon the fair market value of the amount of land which would otherwise be required for dedication if the developer was not paying the in-lieu fee. The amount of required land is based on the density of the property project, and the standard of 3 acres of parkland per 1,000 residents. The Fair Market Value of the land is determined based on an appraisal completed within 12 months of filing the final map. The developer has provided the appraisal report to the City. Staff from the various departments, including Public Works, Economic and Community Development and the City Attorney’s office have determined that it was completed by a qualified appraiser and complies with the Municipal Code.

Based on this determination, the developer will be paying $29,160 for the Park Land Dedication In-Lieu Fee.

To meet the requirements of the Alameda County Clean Water Program, developers are required to build infrastructure to treat stormwater from the newly created impervious areas. These typically consist of stormwater treatment area, also known as rain gardens. However, given the relatively steep slopes, it is infeasible to build such infrastructure. City is therefore collecting a stormwater treatment in-lieu fee which could be used to help build such infrastructure elsewhere in the City or contribute to Countywide effort to build such infrastructure. This is a requirement of the development agreement.

As summarized above, the developer is requesting to acquire a net 1,330 square feet of park land adjacent to their property, as shown in Exhibit C. Based off an estimated fair market value of $10/square foot, the developer will pay the City $13,330 after accounting for the area being conveyed to the City. The City Attorney’s office will prepare the legal documents needed for the sale and transfer of property to the developer and the developer will pay allassociated fees for preparation of legal documents.

RECOMMENDATION
Staff recommends that the City Counciladopt the attached resolution which willaccomplish the following:

1. Approve the Final Tract Map 8349 for the 6-lot subdivision to allow the construction of said single family homes.

2. Authorize the City Manager to execute the Subdivision Improvement Agreement with the developer.

3. Approve the sale of 2,146 square feet of an undeveloped and unused City owned property for $13,330 and authorize the execution of related documents.

4. Direct the execution and filing of Final Tract Map 8349 with the County Recorder’s Office contingent upon payment of park in-lieu fees as required by the Union City Municipal Code.

Prepared by:

Farooq Azim, City Engineer
City Council/RSA Agenda 49 Tuesday, June 27, 2023
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
Exhibit A - TM 8349 Exhibit
Exhibit B- Subdivision Improvement Agreement Exhibit
Exhibit C- Plat & Legal Exhibit
City Council/RSA Agenda 50 Tuesday, June 27, 2023
RESOLUTION NO. XXXX-23
ADOPT A RESOLUTION APPROVING FINAL TRACT MAP 8349, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT

AGREEMENT, APPROVING THE PARK LAND DEDICATION IN-LIEU FEE OF $29,160, AND APPROVING THE SALE OF 2,146 SQUARE FEET OF CITY PROPERTY FOR $13,330 FOR THE SEVEN HILLS ESTATES DEVELOPMENT WHEREAS, the property owner, Sowjanya Paruchuri (“Developer”), has presented a copy of said Final Tract Map 8349 to the City Council, in the form attached hereto as Exhibit A, for a 6- lot subdivision for constructing single family homes; and WHEREAS, Tract Map 8349 is in substantial conformance with the Tentative Tract Map 8349 approved by the City Council on July 13, 2021; and WHEREAS, the Developer has agreed to sign the Subdivision Improvement Agreement in the form attached hereto as Exhibit B, for the 6- lot subdivision that summarizes their responsibilities for the development per the approved plans, including the payment of fees, a Faithful Performance Bond ($814,000), a Labor and Materials Bond ($814,000) and insurance requirements; and
WHEREAS, the City will be transferring 2,146 square feet of an undeveloped and unused strip of land adjacent to 7 Hills Park to the Developer, and the Developer will be transferring 816 square feet of property to the City (see Exhibit C); and WHEREAS, the Developer will pay the City $13,300 for the property, which is equal to $10/square foot for the net 1,330 square feet the Developer will be acquiring; and WHEREAS, the City has determined that $10/square foot is the fair market value of the property based upon on a previous appraisal obtained by the City for similar property in the same neighborhood; and
WHEREAS, the Developer will pay a Park Land Dedication In-Lieu Fee of $29,160 pursuant to the requirements of Union City Municipal Code Chapter 17.30.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Union City that the above recitals are true and correct, and incorporated herein; and BE IT FURTHER RESOLVED that Final Tract Map No. 8349 is hereby approved, and the City Engineer is hereby authorized and directed to execute the Final Tract Map on behalf of the City of Union City, following the City’s receipt and acceptance of an appraisal and payment of park in-lieu fees by the property owner, as required by the Union City Municipal Code; and
City Council/RSA Agenda 51 Tuesday, June 27, 2023
Resolution XXXX-23

BE IT FURTHER RESOLVED that the City Council hereby approves payment by the Developer of Park Land Dedication In-Lieu Fee of $29,160 pursuant to the requirements of Union City Municipal Code Chapter 17.30; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Subdivision Improvement Agreement, in a form approved by the City Attorney; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the County Recorder for filing subject to approval by the Board of Supervisors of the County of Alameda for tax bond purposes; and BE IT FURTHER RESOLVED, that the City Council approves the sale of 2,146 square feet of an undeveloped and unused strip of land adjacent to 7 Hills Park to the Developer for $13,300 and the receipt of 816 square feet of property, as shown in Exhibit B, attached hereto and incorporated herein. This property is exempt surplus property pursuant to Government Code section 54221(f)(1)(B). The City Manager is authorized and directed to negotiate and execute all documents necessary to carry out this transaction, in such form as approved by the City Attorney.

City Council/RSA Agenda 52 Tuesday, June 27, 2023
City Council/RSA Agenda 53 Tuesday, June 27, 2023
City Council/RSA Agenda 54 Tuesday, June 27, 2023
City Council/RSA Agenda 55 Tuesday, June 27, 2023
City Council/RSA Agenda 56 Tuesday, June 27, 2023
Exhibit B

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Union City
34009 Alvarado-Niles Road
Union City, California 94587
Attention: Public Works Director

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder’s Use

SUBDIVISION IMPROVEMENT AGREEMENT
Tract No. 8349
(Seven Hills Estates Development)
City Council/RSA Agenda 57 Tuesday, June 27, 2023
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SUBDIVISION AGREEMENT
TRACT NO. 8349
(Seven Hills Estates Development)
THIS SUBDIVISION IMPROVEMENT AGREEMENT for Tract No.8349 (the “Agreement”) is entered into as of ______________, 2023 between the City of Union City, a municipal corporation (“City”) and the Owners of Tract 8348 (“Developer”).

Recitals
This Agreement is based on the following facts, understanding and intentions of City and Developer:

A. Developer is the owner of the real property located in the City of Union City, County of Alameda, State of California, more particularly described on Tract No. 8349, consisting of Four (4) sheets, (the “Property”); and
B. On July 13, 2021, the City Council approved the tentative map for a subdivision of the Property with certain conditions (collectively, the “Conditions of Approval”), and the final map is based on this approval. (Tract No. 8349); Resolution No. 5804-21; and C. Developer is required and proposes to construct various improvements in and adjacent to the subdivision. The improvements are described generally in the Approved Plans as defined below (“Improvements”). The Improvements are required by the Subdivision Map Act, the Union City Municipal Code (“UCMC”) and the tentative map approved by the City; and D. Developer has presented a final subdivision map for the Property, and has requested that City approve the final map so that it may be filed and recorded; and E. As a condition precedent to the acceptance and approval of the final map, the City requires the agreement for construction of Improvements as shown on the approved improvement plans and specifications for the construction on file with the City Engineer’s office (collectively, and as may be modified with City approval, the “Approved Plans”). (Gov. Code § 66462 and UCMC §

17.32.010.) Developer requested approval of the final map before the construction and completion of the Improvements, subject to this Agreement; and
F. Government Code sections 66499 and 66499.3 and UCMC section 17.32.060 require that security be provided with any such subdivision improvement agreement, and establishes the types and amount of security; and
G. City wishes to ensure that the Improvements will be completed in a workmanship manner and in accordance with the conditions of approval and applicable law.

City Council/RSA Agenda 58 Tuesday, June 27, 2023
-3-
NOW, THEREFORE, for and in consideration of anticipated approval and recordation of the final map for the Property, and the dedications therein offered, and in order to ensure satisfactory performance by Developer of its obligations under this Agreement, the Subdivision Map Act and the UCMC, City and Developer agree as follows:

1. Required Improvements. Developer shall, at its sole cost and expense, install and complete the Improvements based on the Approved Plans on file in the Public Works Department and incorporated herein by reference. All Improvements shall be done in a professional and workmanship manner in accordance with the latest City of Union City Public Works Standards, the Standard Specifications of Alameda County Public Works and the latest Standard Specifications of the State of California, Department of Transportation. If there is any conflict between the specifications, the City Engineer shall determine which prevail.

Developer warrants that the Approved Plans are accurate and complete. If at any time before expiration of the one-year repair and maintenance period described in section 4 below, the Approved Plans prove to be inadequate in any material respect, Developer shall make whatever changes are reasonably necessary to correct the inadequacy. Moreover, if the work on the Improvements has been performed pursuant to inaccurate or incomplete Approved Plans, Developer shall correct such work at its own expense.

Developer reserves the right to modify the plans and specifications for the Improvements as the development progresses if unforeseen conditions occur, provided that written approval is first obtained from the City Engineer in his or her reasonable discretion, which approval shall not be unreasonably withheld, conditioned, or delayed. City reserves the right to make modifications to the plans and specifications for the Improvements whenever field conditions and/or public safety reasonably require such modifications. Developer shall pay City, and be responsible for all costs, expenses, and liability associated with checking and inspecting any modifications.

If Developer fails to construct the Improvements as required, City may, at its option: (1) grant an extension of time in accordance with UCMC section 17.32.050; (2) cause the Improvements to be completed and recover all related costs from Developer and/or the surety. (Gov. Code § 66499.11 and UCMC § 17.32.050.)

2. Time for Completion. All Improvements shall be installed and completed within 18 months from the date of this Agreement or such time as approved by the City Engineer, not to exceed a period of 36 months, unless an extension is granted by the City Council or the City Engineer. (UCMC § 17.32.050.) The date of completion of the Improvements shall be the date the City records the resolution accepting the Improvements. No periodic progress inspections, waiver of any defect, or breach of this Agreement shall bind the City to accept the Improvements. The ‘Improvements’ refer to the roadway infrastructure, including utilities, and excludes the residences that may be built at a later date, as per the development agreement (DA).

3. Costs of Plan Check and Inspection. Upon execution of this Agreement, Developer shall pay to City the sum of $70,370 to cover the cost of plan checking and inspecting the Improvements.

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4. One Year Repair and Warranty Period. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, Developer guarantees all work executed by Developer and/or Developer's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to City as a part of the work pursuant to this Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by City. Developer shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to City. Developer further covenants and agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to ensure that such defects have actually been corrected.

In the event Developer shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days’ time, after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and Developer shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, City shall have the right to immediately repair, or cause to be repaired, such defect, and Developer shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of City.

If City, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, Developer shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead, and interest at the maximum rate of interest permitted by law, accruing thirty (30) days from the date of billing for such work or repairs.

5. Security.
a. Amount of security. Upon execution of this Agreement, Developer shall file the following bonds with the City: (Gov. Code § 66499.1 and UCMC § 17.32.060.) 1) Faithful Performance Bond. Developer shall submit a corporate surety bond in the amount of $814,000, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney.
2) Labor and Materials Bond. Developer shall submit a corporate surety bond in the amount of $814,000, which is 100% of the total estimated cost of construction of the Improvements, guaranteeing the payment of all persons City Council/RSA Agenda 60 Tuesday, June 27, 2023
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for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney.
b. Warranty Bond. Before the City’s acceptance of the Improvements, Developer shall deposit with the City either cash or an acceptable corporate surety bond in the amount of $81,400, which is 10% of the estimated cost of construction of the Improvements as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work.
c. Estimate of Improvement costs. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the City in enforcing the obligations secured. (Gov. Code § 66499.4; UCMC §

17.32.060.)
d. Release of security. Release of security shall be in accordance with Gov. Code section 66499.7 and UCMC section 17.32.070.

6. No Waiver by City. City inspection, approval or acceptance of the Improvements shall not relieve Developer of its obligations to fulfill this Agreement as provided herein, nor shall City be stopped from bringing any action for damages arising from Developer’s failure to comply with the terms and conditions of this Agreement.

7. Other payments. The developer shall also pay all other fees outlined in the Conditions of Approval, including the Grading Permit Fee ($3,095) and Grading Permit Bond ($30,073), Tree Replacement In-Lieu Fee ($3,500), Encroachment Permit fee and Bond (TBD at the time of permit application(s)), Traffic Signalization Fee ($12,372), Stormwater Treatment In-lieu Fee ($87,300), Park Land Dedication In-Lieu Fee ($29,160), Final Tract Map Filing Fee ($14,481) and Park Property Sale (Net Proceeds - $13,330). The amount of the fees will be as indicated in the Conditions of Approval or shall be based upon requested information supplied by Developer to the City.

8. Indemnity. Developer shall defend, indemnify, and hold harmless City, its officers, employees, agents, and elective and appointive boards from any and all claims, losses, damages, including property damage, personal injury, including death, costs, including attorney fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Improvements by Developer, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for Developer, contractor or any subcontractor, save and except those matters arising from the sole, active negligence of City.

This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorney fees, and liability for injuries occurring after completion of the construction of the Improvements as well as during construction, and shall apply regardless of City Council/RSA Agenda 61 Tuesday, June 27, 2023
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whether City has prepared, supplied or approved the plans and/or specifications for the Improvements or has inspected or accepted the same. Acceptance of insurance required under this Agreement shall not relieve Developer from liability under this defense, indemnification and hold harmless provision.

The parties intend that this provision shall be broadly construed to effectuate its purpose. The provisions of this section 8 shall survive completion of the Improvements or the termination of this Agreement.

9. Encroachment permit; Prevailing wages.
a. Encroachment permit. For any work done in the public right-of-way, Developer shall obtain encroachment permit(s) from City and shall, at its sole cost, furnish City with the required certificates of insurance and endorsements for review and approval by City before the start of any work, and shall maintain insurance throughout the duration of the Agreement.
b. Prevailing wages. If it is determined that Developer is required to pay prevailing wages for the work performed under this Agreement, Developer shall pay all penalties and wages as required by law.

10. Insurance. Developer shall procure and maintain for the life of this Agreement (including the one (1) - year guarantee period as described in section 4 of this Agreement), insurance against claims for injuries to persons and damages to property which may arise from or in connection with the performance of the work hereunder by Developer, its contractor, agents, representatives, employees or subcontractors. Said insurance shall be maintained in full force and effect until the written Release of Security is issued by the City Engineer. Additionally, completed operations coverage shall be maintained in full force and effect for three years after the acceptance date of the Improvements. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Minimum scope of coverage. Coverage shall be at least as broad as:
1) Insurance Services Office form number CG0001 covering Commercial General Liability on an “occurrence” basis.
2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3) Workers’ Compensation insurance as required by the State of California. b. Minimum limits of insurance. Developer shall maintain limits no less than:
1) Comprehensive general liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General City Council/RSA Agenda 62 Tuesday, June 27, 2023
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Liability Insurance or other form with a general aggregate limit is used, either Athe general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile liability: $2,000,000 combined single limit per accident for bodily injury and property damage.
3) Workers’ Compensation: Workers’ compensation limits as required by the Labor Code of the State of California.
c. Deductibles and self-insured retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Developer shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages a) City, its officers, agents, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Developer, and with respect to liability arising out of activities performed by or on behalf of Developer including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to Developer’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or later revised), or as a separate owner’s policy.
b) For any claims related to this project, Developer’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Developer’s insurance and shall not contribute with it.
2) Workers’ Compensation. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Developer pursuant to this Agreement.
3) All Coverages.

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a) Insurance is to be placed with insurers with a current A.M. Best rating of “A:VII” or better.
b) Developer shall furnish City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. Initial certificates and endorsements are to be received and approved by City before work commences. Updated certificates and endorsements are to be provided to City prior to each policy expiration date. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
c) Developer and/or Developer’s general contractor shall include all subcontractors as insureds under their policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.
d) Developer hereby grants to City a waiver of any right to subrogation that any insurer of Developer may acquire against City by virtue of the payment of any loss under such insurance.

This provision applies regardless of whether City has requested or received a waiver of subrogation endorsement from the insurer. e) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or limits, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to City.
f) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Section 2782 of the Civil Code.
g) No policy required by this Section 10 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense.

11. Notices. Any notice to be given under this Agreement shall be given by enclosing it in a sealed envelope, first-class postage prepaid and depositing it in the United States mail, addressed to the party at the following address:

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If to Developer: Sowjanya Paruchuri, et al
TBD
If to City: Joan Malloy , City Manager
City of Union City
34009 Alvarado-Niles Road
Union City, California 94587
Either party may change its address by notifying the other party of the change of address.

Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section 10.

12. Recordation; Binding effect. City agrees to allow Developer to record the final map.

City shall record this Agreement with the County Recorder's Office and the provisions of this Agreement shall bind and inure to the benefit of the heirs, successors, and assigns of City and Developer.

13. Miscellaneous provisions.
a. Amendments. This Agreement and the Approved Plans contain the entire agreement between Developer and the City with respect to the Improvements. No modification to this Agreement shall be effective unless it is in writing, signed by the Developer and the City and approved as to form by the City Attorney. b. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. c. Independent Contractor. In performing under this Agreement, Developer and its employees, agents, contractors, and subcontractors shall act at all times as an independent contractor. Nothing contained here shall be construed or applied so as to create the relationship of principal and agent, or of employer and employee, between City and Developer or its employees, agents, contractors, and subcontractors.
d. Governing Law; Severability. The laws of the State of California shall govern this Agreement. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in the County of Alameda, California. The invalidity, in whole or in part, of any provision of this Agreement will not void or affect the validity of any other provision of this Agreement.
e. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

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[signature page follows immediately]
City Council/RSA Agenda 66 Tuesday, June 27, 2023
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written.

Dated: CITY OF UNION CITY
By:

Joan Malloy
City Manager
Attest
Anna Brown
City Clerk
Dated:

Sowjanya Paruchuri, et al
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ________________________
Approved as to Form:
_____________________________
Kristopher J. Kokotaylo
City Attorney
City Council/RSA Agenda 67 Tuesday, June 27, 2023
City Council/RSA Agenda 68 Tuesday, June 27, 2023
City Council/RSA Agenda 69 Tuesday, June 27, 2023
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LISAACHEN, INTERIM HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN TO UPDATE THE

CLASSIFICATION SPECIFICATION FOR THE POSITION OF

COMMUNITY SERVICES MANAGER
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 Services Manager.

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 Services Manager job duties and the needs of the City's Community and Recreation Services Department relative to Youth and Family Services and Homeless Programs, staff recommends minor modifications to the qualifications, and license and certification sections of the class specification. These changes will ensure candidates that meet the requirements are professionally aligned to the required duties of the position.

DISCUSSION
The proposed class specification has been updated to reflect the current license necessary for the position to oversee staff in the division. The City has met and conferred with the Management Employees' Group regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time.

City Council/RSA Agenda 70 Tuesday, June 27, 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 Services Manager.

Prepared by:

Lisa Achen, Interim Human Resources Director
Submitted by:

Lisa Achen, Interim Human Resources Director
ATTACHMENTS:

Description Type
Resolution Resolution
Classification Specification/Job Description Resolution City Council/RSA Agenda 71 Tuesday, June 27, 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 SERVICES MANAGER
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Community Services Manager; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of the Management Employees’ Group, the sole representative of the Community Services Manager 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 Services Manager 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 Services Manager class specification, attached hereto and incorporated herein by reference, effective June 27, 2023.

City Council/RSA Agenda 72 Tuesday, June 27, 2023
1 COMMUNITY SERVICES MANAGER
Bargaining Unit: Management Employees
FLSA Status: Exempt
Class Code: 20508
Created/Updated: 8/1/2018
Revised: 11/2/20226/27/2023
DEFINITION:

Under general supervision of the Community and Recreation Services Director, the Community Services Manager administers and manages the Youth and Family Services (YFS) and Homeless Programs of the Community and Recreation Services Department for the City of Union City. YFS services include support for youth violence intervention and prevention through mentoring, employment, outreach, case management, individual and family counseling, parent education, and crisis support. Homeless Programs provide direct case management services to unhoused individuals and families.

CLASS CHARACTERISITICS:

This is a single position management classification assigned overall management and coordination of service delivery for the Community Services including Youth & Family Services, Homelessness Programs and other community-based social services. The Community Services Manager is responsible for achieving defined fiscal and programmatic objectives including but not limited to identifying, preparing, and managing grant proposals, budget, and performance reports for federal, state, and local funding.

EXAMPLES OF DUTIES (illustrative only):
• Manages and implements a delivery system of social services to youth, families and individuals in crises and the unhoused including but not limited to: at-risk youth, dependent children, homelessness support, sustenance and nutrition support, victims of child/adult abuse, domestic violence, and those experiencing mental health and substance abuse.
• Develops, integrates and oversees new social services programs into division/department administrative structure.
• Writes effective and persuasive grant proposals to secure funding to support City projects, programs and activities.
• Prepares performance reports for federal, state and local funding, and program performance and other reports as required by the City.
• Ensures timely and accurate use and reporting of grant funds consistent with purpose(s) outlined by the funding source, and communication of proposed variances to use of funds as necessary.

City Council/RSA Agenda 73 Tuesday, June 27, 2023
2 • Manages, trains, motivates and evaluates a team of multi-disciplinary staff.

Provides overall technical and management direction/coordination to personnel in assigned area of responsibility.
• Works collaboratively with public, private and non-profit organizations, community members and other stakeholders including County and State level regional bodies and taskforces to build partnerships and coalitions to increase the effectiveness and efficiency of programs and service delivery methods. • Conducts presentations of programs and services provided to public, groups and other agencies.
• Serves as a departmental liaison with community social and mental health agencies, local law enforcement and criminal justice agencies, the faith community, community organizations and non-profit organizations, the school district, and others to adequately assess and represent community needs. • Participates in department, city and community meetings as necessary. • Conducts assessments to identify appropriate resources and provide referral services (secondary duty).

QUALIFICATIONS:

Graduation from an accredited college with a Master’s Degree in Social Work, Psychology, Human Development, Social Sciences, Public Administration, or a closely related field and five (5) years of experience with programs providing social/human services including two (2) years in a supervisor capacity and experience with grant proposals/management.

Experience with programs dealing with youth violence prevention, mental health, homelessness or other social services is highly desirable.

LICENSE AND CERTIFICATIONS:

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

Current or prior certificationlicense as a Licensed Marriage and Family Therapist (LMFT) or Licensed Clinical Social Workers (LCSW) is desirable.

KNOWLEDGE AND ABILITIES:

Knowledge Of:
• Principles and techniques of crisis intervention and family therapy, which includes interviewing techniques and treatment modalities. • Mental health and social service delivery, intake and screening procedures, models of interagency collaboration, including program development. • Grant processes and practices, including new funding sources and medical billing.

City Council/RSA Agenda 74 Tuesday, June 27, 2023
3 • Programming principles of assigned community services functions that are related to youth and families and homelessness, including the functions and organization of public assistance and social service providers and maintain effective working relationships with them
• Evaluation and use of data to inform strategy building. • Theories and principles of human development, particularly child and youth development.
• Familiarity with community resources and current trends in the areas of social services including youth violence prevention and intervention, mental health and counseling, and homelessness.
• Legal and ethical issues in mental health and social services work, including child abuse trends, treatment and reporting requirements.
• Computer applications related to the work.

Ability To:
• Coordinate a Citywide strategy involving multiple agencies and stakeholders to prevent and intervene with youth violence; provide case management and referrals for services and permanent housing to the homeless; and other social service needs that become a priority for the community. • Provide case management and referrals for services and permanent housing to the homeless and other social service needs that become a priority for the community.
• Provide leadership and create a positive, team environment, including supervise, manage, and motivate a small, diverse group of program staff. • Develop and maintain comprehensive grant management strategies including identifying fundable projects and funding sources; prepare grant applications, proposals and budgets.
• Analyze and produce statistical reports and maintain records as necessary. • Plan, organize and manage service delivery of multiple social service programs. • Communicate effectively both orally and in written form. • Prepare clear, concise and competent reports, correspondence, written materials, and oral presentations.
• Develop creative and effective solutions to challenging problems and issues, including crisis intervention.
• Plan and schedule work assignments.
• Exercise sound judgement and political astuteness in complex situations • Recognize and apply City safety practices and procedures when interacting with individuals and groups.
• Perform crisis intervention dealing with problems within the community. • Facilitate the development of effective and productive relationships with atrisk and/or aggressive youth and their families with diverse racial, ethnic, cultural, and sexual orientation backgrounds.
• Work independently to make sound decisions and remain focused under stressful conditions.

City Council/RSA Agenda 75 Tuesday, June 27, 2023
4 • Work evenings, weekends and respond to emergency (crisis) call-outs as needed.

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 76 Tuesday, June 27, 2023
Agenda Item
DATE: 6/27/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: LISAACHEN, INTERIM HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AN AMENDMENT TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN TO UPDATE THE

CLASSIFICATION SPECIFICATION FOR THE POSITION OF

BUILDING/CODE COMPLIANCE INSPECTOR
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 Building/Code Compliance Inspector.

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 Building/Code Compliance Inspector job duties and the needs of the City's Economic & Community Development Department relative to building and/or fire inspections, staff recommends minor modifications to the essential duties of the class specification.

DISCUSSION
The proposed class specification has adjusted the years of experience needed to apply for the position with the goal of increasing the candidate pool during the next recruitment. The City has met and conferred with the Professional Employees' Group regarding the proposed revisions to the class specification. No change to the current salary range is recommended at this time.

City Council/RSA Agenda 77 Tuesday, June 27, 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 Building/Code Compliance Inspector.

Prepared by:

Lisa Achen, Interim Human Resources Director
Submitted by:

Lisa Achen, Interim Human Resources Director
ATTACHMENTS:

Description Type
Resolution Resolution
Classification Specification/Job Description Attachment City Council/RSA Agenda 78 Tuesday, June 27, 2023
RESOLUTION NO. XXXX-23

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

BUILDING/CODE COMPLIANCE INSPECTOR
WHEREAS, the City has undertaken an inquiry and recommends that the City Council update the class specification for the position of Building/Code Compliance Inspector; and
WHEREAS, the City Manager or her designee has met and conferred in good faith with the representatives of the Professional Employees’ Group, the sole representative of the Building/Code Compliance Inspector 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 Building/Code Compliance Inspector 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 Building Code/Compliance Inspector class specification, attached hereto and incorporated herein by reference, effective June 27, 2023.

City Council/RSA Agenda 79 Tuesday, June 27, 2023
1 BUILDING/CODE COMPLIANCE INSPECTOR
Bargaining Unit: SEIU
FLSA Status: Non-Exempt
Class Code: 50290
Last Updated: 5/24/2023

DEFINITION
Under the supervision of the Building/Code Compliance Coordinator and the Chief Building Official/Senior Plans Examiner, the Building/Code Compliance Inspector performs work in the areas of building, electrical, mechanical, plumbing, energy, green, zoning, and residential fire protection inspections; various aspects of code enforcement; and other duties as assigned.

CLASS CHARACTERISTICS
This is the journey-level, professional class that is expected to read plans, make code interpretations, have comprehensive knowledge of construction materials and techniques, and be able to perform field inspections (both Building and Code Enforcement) on their own.

This position is distinguished from the next higher class of Senior Building/Code Compliance Inspector by the latter providing training, technical advice, and lead assistance to incumbent inspectors. The Building/Code Compliance Inspector is further distinguished from the lower level of Building/Code Compliance Trainee in that the latter is the entry-level class, and is in training, learning the full scope of the assigned duties and responsibilities.

EXAMPLES OF DUTIES (illustrative only)
Duties may include, but are not limited to:
• Inspecting residential, commercial, and industrial occupancies for compliance with building, electrical, mechanical, plumbing, energy, green, zoning and fire protection codes and standards.
• Recommending solutions or corrective actions to problems and taking follow up actions to ensure discrepancies are corrected.
• Performing various functions related to code enforcement (e.g., inspections, noticing, follow-up with owners, and research).
• Communicating effectively, both orally and in writing, to a wide variety of audiences.
• Writing reports and preparing correspondence pertaining to assigned duties. • Keeping pertinent records.
• Utilizing personal computers to access the permitting system, GIS (geographic information system, various other software applications, and perform word processing functions.
• Consulting with architects, engineers, contractors, business owners, and City Council/RSA Agenda 80 Tuesday, June 27, 2023
2 homeowners.
• Using appropriate safety practices.
• Performing other duties as assigned.

MINIMUM QUALIFICATIONS
Education:

Graduation from high school or possession of an acceptable equivalency certificate, such as the General Education Development (GED) certificate.

AND
Experience:

Two (2)One (1) years of experience in performing building and/or fire inspection and enforcement activities.

OR
Three (3) years of journey-level experience in one of the building/construction trades (e.g., plumbing, electrical, licensed general contracting, etc.) is highly desirable.

KNOWLEDGE, SKILLS AND ABILITIES:

Knowledge Of:
• Accepted construction and fire prevention methods and practices. • Construction material and usage.
• Building, electrical, mechanical, plumbing, energy, green, and fire code requirements.
• Personal computer operating systems and software.
• Safety practices.

Ability To:
• Read and interpret construction plans, specifications, and calculations. • Apply building, electrical, mechanical, plumbing, energy, green, and fire codes.
• Communicate effectively both orally and in writing to a wide variety of audiences.
• Work independently.
• Stay organized and manage time well.
• Establish and maintain effective working relationships with those contacted in City Council/RSA Agenda 81 Tuesday, June 27, 2023
3 the course of work.
• Utilize personal computers and computer software to perform word processing functions.
• Exercise initiative and sound independent judgment within established guidelines.
• Keep accurate, up-to-date records.

LICENSES AND CERTIFICATES:
• Current International Code Council (ICC) Certification as a Residential Building Inspector or Commercial Building Inspector at the time of hire, and one additional specialty inspector certificate (e.g., electrical, mechanical, or plumbing) is required within one year from date of hire.

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

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

City Council/RSA Agenda 82 Tuesday, June 27, 2023