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, July 25, 2023
7:00 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
1.a. Pledge of Allegiance
1.b. Roll Call
2. UNFINISHED BUSINESS - None
3. PROCLAMATIONS AND PRESENTATIONS
3.a. Union City Police Department Fourth of July After Action Report Presentation
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 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 City Council/RSA Agenda 1 Tuesday, July 25, 2023
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 Special City Council Meetings Held On June 20, 2023, July 11, 2023, July 18, 2023, and July 19, 2023
5.c. Adopt a Resolution Authorizing the Union Landing Property Owners' Association to Enter into an Agreement with Zooka Creative, in a Form Approved by the City Attorney, in an Amount Not to Exceed $123,000 for Marketing Services for the Union Landing Shopping Center For FY 23/24
5.d. Adopt A Resolution Authorizing The City Manager To Execute A Consulting Services Agreement With Park Engineering, Inc., In The Amount Of $2,000,000, For Construction Management
Services For The Union City Boulevard Bike Lanes Project, City Project No. 17-29
5.e. Adopt A Resolution Approving Local Support For Union City Transit To Participate In The Clipper START Pilot Program Extension Through June 30, 2025, And Approving An Increase To The Clipper START Pilot Program Discount From Twenty Percent (20%) To Fifty Percent (50%), Effective January 1, 2024
5.f. Second Reading And Adoption Of An Ordinance For Zoning Text Amendment AT-23-003 To Amend Title 18, Zoning, Of The Union City Municipal Code To Update Chapter 18.08,
Definitions, Chapter 18.36, Commercial Districts, Chapter
18.40, Industrial Districts, Chapter 18.76, Site Development Review, Add Chapter 18.43, Use Of Hazardous Materials, And Find That The Amendment Is Exempt From Environmental
Review In Accordance With CEQA Guidelines Section
15061(b) (3)
5.g. Second Reading And Adoption Of Ordinance For 1) Zoning Text Amendment AT-23-002 To Amend Title 18, Zoning, Of The Union City Municipal Code To Update Chapter 18.41, Station East Employment (SEE) District To Rename This Chapter
City Council/RSA Agenda 2 Tuesday, July 25, 2023
“Employment Mixed-Use Districts” And Add A New Zoning
District For Consistency With The Union City 2040 General Plan Designation of Mixed-Use Employment (EMU) Referred To As “Corridor Mixed-Use Employment (CMUE)” And 2)
Zoning Map Amendment A-23-001 To Amend The Official
Zoning Map Of The City Of Union City To Rezone The
Properties Located Along The Union City Boulevard Corridor, With A Union City 2040 General Plan Designation Of MixedUse Employment (EMU), From Special Industrial (MS) To Corridor Mixed-Use Employment For Consistency With The
General Plan, And Find That The Amendments Are Exempt
From Environmental Review In Accordance With CEQA
Guidelines Section 15061(B)(3)
5.h. Adopt A Resolution Approving The Side Letter Agreement Between The City Of Union City And The Professional
Employees’ Group (PEG), Approving Amendments To The
City’s Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5, Effective August 7, 2023, And Amending The Fiscal Year 2023- 2024 Budget
5.i. Adopt A Resolution Approving The Side Letter Agreement Between The City Of Union City And The Management
Employees’ Group (MEG), Approving Amendments To The
City’s Classification And Compensation Plan In Conformance With California Code Of Regulations, Title 2, Section 570.5, Effective August 7, 2023, And Amending The Fiscal Year 2023- 2024 Budget
5.j. Adopt A Resolutions Appointing Individuals To Serve On The Arts & Culture Commission, Bicycle Pedestrian Advisory
Committee (BPAC), Economic Development Advisory Team,
Human Relations Commission, And Park & Recreation
Commission.
6. PUBLIC HEARINGS - None
7. CITY MANAGER REPORTS
7.a. Study Session to Receive Direction from City Council on Possible Amendments to the Tobacco Retail License
Ordinance and other Ordinances that Govern the Sale and Location of the Tobacco Retailers
7.b. Adopt A Resolution Approving Union City Transit Fall 2023 Service Changes Effective Saturday, September 9, 2023
8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None
9. AUTHORITIES AND AGENCIES - None
10. CITY COMMISSION / COMMITTEE REPORTS - None
City Council/RSA Agenda 3 Tuesday, July 25, 2023
11. SCHEDULED ORAL COMMUNICATION - None
12. ITEMS REFERRED BY COUNCIL
13. GOOD OF THE ORDER
13.a. Articles Distributed At Meeting
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 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 City Council/RSA Agenda 4 Tuesday, July 25, 2023
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 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 City Council/RSA Agenda 5 Tuesday, July 25, 2023
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 6 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CHIEF JARED RINETTI
SUBJECT:
STRATEGIC PLAN ALIGNMENT
BACKGROUND
DISCUSSION
FISCAL IMPACT
RECOMMENDATION
Prepared by:
Lieutenant Brian Baumgartner
Submitted by:
Lieutenant Brian Baumgartner
City Council/RSA Agenda 7 Tuesday, July 25, 2023
ATTACHMENTS:
Description Type
4th of July AfterAction Report Power point Attachment
City Council/RSA Agenda 8 Tuesday, July 25, 2023
4TH OF JULY 2023
UNION CITY
POLICE DEPARTMENT
AFTER ACTION REPORT
City Council/RSA Agenda 9 Tuesday, July 25, 2023
This year, we used the same comprehensive Incident Command System (ICS) format that was first implemented in previous years. The plan required the cooperation of resources from the Union City Police Department, Fremont Police Department, Alameda County Fire and UC Public Works. Preparatory meetings began in late May of 2023.
OPERATION PLAN - FOURTH OF JULY 2023
Maintain High
Visibility
Enforce
Fireworks
Statutes
Educate the
Community on Safe
and Sane Fireworks
to ensure Public
Safety
Department Objectives
City Council/RSA Agenda 10 Tuesday, July 25, 2023
CALLS FOR SERVICE/CITATIONS
Starting
June 16, 2023
Ending
July 5, 2023
Total Calls
for Service
Fireworks-Related
Calls for Service
Citations Issued for
Fireworks-Related
Offenses
2,657
Total Calls
for Service
Fireworks-Related
Calls for Service
Citations Issued for
Fireworks-Related
Offenses
206 92
271 135 69
0100 hours.
beginning at 0001
hours and ending on
July 5th, 2023, at
July 4, 2023
City Council/RSA Agenda 11 Tuesday, July 25, 2023
FOURTH OF JULY
STAFFING
1 TOTAL STAFFING 28
POLICE CHIEF 1
POLICE LIEUTENANT 1
POLICE SERGEANT 3
POLICE OFFICER 18
COMMUNITY SERVICE AIDE 2
PUBLIC SERVICES OFFICER 1
POLICE CAPTAIN 2
City Council/RSA Agenda 12 Tuesday, July 25, 2023
CALLS FOR SERVICE
RESPONSE TIMES
1 hour 55 minutes (during critical incident)
Longest Police Response Time
11 seconds
12 minutes
Average Police Response Time
Shortest Police Response Time
2023
Longest Police Response Time
Average Police Response Time
Shortest Police Response Time
37 minutes
6 minutes
2 hours 44 minutes
2022
City Council/RSA Agenda 13 Tuesday, July 25, 2023
ZONE 4
80 ZONE 5
55 150
100
50 0
ZONE 4
32 ZONE 5
31 40
30 20
10 0
JULY 4TH – FIREWORKS-RELATED CITATIONS & CALLS FOR SERVICE Based on Zone 4 & Zone 5
Citations Calls for Service
City Council/RSA Agenda 14 Tuesday, July 25, 2023
0 2019 2020 2021 2022 2023
150
100
50 JULY 4TH – FIREWORKS-RELATED INCIDENTS
5-Year Look-Back
135 Tuesday, July 4th, 2023
114 Monday, July 4th, 2022
121 Sunday, July 4th, 2021
95 Saturday, July 4th, 2020
84 Thursday, July 4th, 2019
City Council/RSA Agenda 15 Tuesday, July 25, 2023
COSTS RELATED TO FIREWORKS ENFORCEMENT
PERSONNEL 31 4 35
$ 32,617.35 $ 684.89 $ 33,302.89
31 4 $ 33,302.89
29 5 $ 18,458.56
17 6 $ 15,956.56
19 4 $ 11,966.58
COST
SWORN PERSONNEL CIVILIAN PERSONNEL TOTAL
SWORN PERSONNEL CIVILIAN PERSONNEL TOTAL
Fourth of July overtime costs of non-management staff from June 16, 2023, to July 5, 2023 HISTORICAL COSTS FOR JULY 4TH OPERATIONAL PERIOD
2023
2022
2021
2020
City Council/RSA Agenda 16 Tuesday, July 25, 2023
FIRE DEPARTMENT
FIREWORKS-RELATED CALLS FOR SERVICE
9 Fireworks-Related Calls for Service
3 Fireworks-Related Fires
1 Fireworks-Related Injury
City Council/RSA Agenda 17 Tuesday, July 25, 2023
FIREWORKS EDUCATION
Through Social Media
Weekly posts began June 14th through July 4th
Total of 7 posts across all social media platforms
• 4 Informational Flyers
• 3 Proactive Enforcement Fireworks Posts
City Council/RSA Agenda 18 Tuesday, July 25, 2023
PROACTIVE ENFORCEMENT
June 16, 2023 - July 4, 2023
Confiscated Fireworks
Seven (7) 55-gallon drums
filled with hundreds of
pounds of illegal and
dangerous fireworks worth
thousands of dollars were
seized.
City Council/RSA Agenda 19 Tuesday, July 25, 2023
RECOMMENDATIONS FOR JULY 4, 2024
Continue fireworks education prior to July 4th.
Continue unmarked patrol vehicles in each zone for enforcement on the 4th.
Encourage and train Patrol to assist with administrative citations.
No stacking system for calls for service. Dispatch should MDT dispatch and/or radio dispatch.
Special enforcement units (10) assigned to patrol were sufficient and should not be decreased any further.
Due to minimal fireworks activity 3 weeks prior to the 4th, have special enforcement units start 2 weeks prior to the 4th.
Set expectations that special enforcements units stay busy with EPC's, security checks, and general proactivity if fireworks activity is not occurring.
City Council/RSA Agenda 20 Tuesday, July 25, 2023
Agenda Item
ATTACHMENTS:
Description Type
Draft Min 6/20/23 sp Attachment
Draft Min 6/20/23 cs Attachment
Draft Min 7/11/23 sp Attachment
Draft Min 7/18/23 sp Attachment
Draft Min 7/19/23 sp Attachment
City Council/RSA Agenda 21 Tuesday, July 25, 2023
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, June 20, 2023
3:00 PM
City Hall – Council Chambers
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 3:00 p.m.
Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS
Public comment was given by Wendy Huang.
3. PUBLIC HEARING
3.a. Continued Public Hearing On The Proposed FY 2023-2024 And FY 2024- 2025 Biennial Budget And Five-Year Capital Improvement Plan For FY 2023-2024 Through FY 2027-2028 And Adoption Of Three Resolutions:
1) Resolution Adopting The FY 2023-2024 And FY 2024-2025 Biennial Budget And Five-Year Capital Improvement Plan For FY 2023-2024 Through FY 2027-2028; 2) Resolution Approving The GANN
Appropriations Limit For FY 2023-2024; And 3) Resolution Approving The Financial Principles
Finance Director Jackie Acosta presented the staff report. City Manager Joan Malloy and Finance Director Acosta responded to questions from Council. Councilmembers provided comment.
Mayor Dutra-Vernaci opened the public hearing and called for public comment.
Public comment was given by Wendy Huang and Liz Ames.
City Council/RSA Agenda 22 Tuesday, July 25, 2023
Mayor Dutra-Vernaci closed the public hearing.
It was moved by Vice Mayor Singh and seconded by Councilmember Wang to adopt:
Resolution No. 6146-23 Adopting The FY 2023-2024 And FY 2024-2025 Biennial Budget And Five-Year Capital Improvement Plan For FY 2023- 2024 Through FY 2027-2028; Resolution No. 6147-23 Approving The GANN Appropriations Limit For FY 2023-2024; and Resolution No. 6148-23 Approving The Financial Principles. The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
4. CITY MANAGER REPORTS
4.a. Adopt Two Resolutions: 1) Approving The Annual Engineer’s Report For The Landscape And Lighting Maintenance District (LLAD) No. 3; And, 2) Declaring The City Council's Intent To Levy And Collect Assessments, Setting July 11, 2023, As The Public Hearing Date
City Engineer Farooq Azim presented the staff report and responded to questions from Council. Councilmembers provided comment.
Public comment was given by Mandeep Gill.
It was moved by Councilmember Sakakihara and seconded by Councilmember Patiño to adopt:
Resolution No. 6149-23 Approving The Annual Engineer’s Report For The Landscape And Lighting Maintenance District (LLAD) No. 3; And Resolution No. 6150-23 Declaring The City Council's Intent To Levy And Collect Assessments, Setting July 11, 2023, As The Public Hearing Date.
The motion was carried by the following roll call vote:
AYES: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
4.b. Provide Direction Regarding Process For Consideration Of Potential Amendment To Zoning Code To Eliminate Prohibition On Sale Of Alcohol At Service Stations
City Council/RSA Agenda 23 Tuesday, July 25, 2023
City Manager Joan Malloy stated at the June 13, 2023 City Council Meeting, Councilmember Patiño requested Council to consider opening sales of alcohol, beer, and wine at service stations.
City Manager Joan Malloy and Police Chief Jared Rinetti responded to questions from Council. Councilmembers provided comment.
Public comment was given by Mandeep Gill and Wendy Huang.
Councilmember Patiño made a motion, seconded by Councilmember Wang, to direct the City Attorney to write an ordinance rescinding the prohibition on the sale of alcohol at service stations for consideration by the Planning Commission and City Council, bypassing the Legislation and Policy Committee.
AYES: Councilmembers Patiño and Wang, and Vice Mayor Singh NOES: Councilmember Sakakihara and Mayor Dutra-Vernaci
ABSENT: None
ABSTAIN: None
City Attorney Kris Kokotaylo and City Manager Joan Malloy responded to questions from Council. Mayor Dutra-Vernaci provided comment.
5. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 4:01 p.m.
Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 24 Tuesday, July 25, 2023
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, June 20, 2023
4:00 PM
City Hall – City Council Conference Room
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 4:07 p.m.
Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS - None
3. CLOSED SESSION
3.a. Public Employee Appointment
Gov. Code § 54957
Title: Human Resources Director
City Council voted unanimously to approve the City Manager appointment of Jason Castleberry to Human Resources Director.
AYES: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, and Mayor Dutra-Vernaci
NOES: None
ABSENT: None
ABSTAIN: None
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 4:23 p.m.
Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 25 Tuesday, July 25, 2023
MINUTES
CITY OF UNION CITY
CITY COUNCIL SPECIAL MEETING
Tuesday, July 11, 2023
6:30 PM
City Hall- Council Chamber
34009 Alvarado-Niles Road
Union City, CA 94587
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 6:30 p.m.
Roll Call Present: Councilmembers Patiño, Sakakihara, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: None
2. ORAL COMMUNICATIONS - None
3. CLOSED SESSION
3.a. CONFERENCE WITH LABOR NEGOTIATORS
Gov. Code Section 54957.6
Agency designated representative for Employee Organizations:
Lisa Achen, Interim Human Resources Director
Charles Flescher, IEDA Representative
For Unrepresented Employees:
Kristopher J. Kokotaylo, City Attorney
Employee organization:
Management Employees Group (MEG)
Professional Employees Group (PEG)
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 6:55 p.m. with no reportable action.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 26 Tuesday, July 25, 2023
MINUTES
CITY COUNCIL
SPECIAL MEETING
Tuesday, July 18, 2023
5:30 PM
City Council Conference Room
34009 Alvarado-Niles Road Union City, CA 94587
This Meeting Was Also Teleconferenced Pursuant To Government Code Section 54953(B), With Councilmember Jaime Patiño, From The Lobby Of The Marriott Tacoma Downtown Lobby 1538 Commerce St Tacoma, WA 98402. The Agenda Will Be Posted At The Remote Location And The Teleconference Location Shall Be Accessible To The Public For The Public Portion Of This Meeting Pursuant To Government Code Section 54953(B)(3).
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 5:30 p.m.
1.a. Roll Call Present: Councilmembers Patiño, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: Councilmember Sakakihara
2. ORAL COMMUNICATIONS - None
3. BOARD AND COMMISSION INTERVIEWS
3.a. Conduct Interviews Of The Following Individuals To Serve On Various Boards/Commissions/Committees:
Lee Guio
Ali Jaweed
Santiago Gonzalez
Vipan Bajwa
Madhu Singh
Chuck Kennedy
Arun Coumar
City Council/RSA Agenda 27 Tuesday, July 25, 2023
Council conducted interviews of the applicants. Appointments will appear on agenda on the meetings of July 25, 2023 and August 8, 2023.
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 8:10 p.m.
Respectfully submitted,
Anna M. Brown, CMC
City Clerk
City Council/RSA Agenda 28 Tuesday, July 25, 2023
MINUTES
CITY COUNCIL
SPECIAL MEETING
Tuesday, July 19, 2023
5:30 PM
City Council Conference Room
34009 Alvarado-Niles Road Union City, CA 94587
This Meeting Was Also Teleconferenced Pursuant To Government Code Section 54953(B), With Councilmember Jaime Patiño, From The Lobby Of The Marriott Tacoma Downtown Lobby 1538 Commerce St Tacoma, WA 98402. The Agenda Will Be Posted At The Remote Location And The Teleconference Location Shall Be Accessible To The Public For The Public Portion Of This Meeting Pursuant To Government Code Section 54953(B)(3).
1. CALL TO ORDER
Mayor Dutra-Vernaci called the meeting to order at 5:30 p.m.
1.a. Roll Call Present: Councilmembers Patiño, Wang, Vice Mayor Singh, Mayor Dutra-Vernaci
Absent: Councilmember Sakakihara
2. ORAL COMMUNICATIONS - None
3. BOARD AND COMMISSION INTERVIEWS
3.a. Conduct Interviews Of The Following Individuals To Serve On Various Boards/Commissions/Committees:
Manjit Gill
Vanessa McDonnell
Bob Singer
Bridget Uzoew
Wendy Huang
Francisco Elizando
Thu Thai
Prairna Gupta Garg
City Council/RSA Agenda 29 Tuesday, July 25, 2023
Council conducted interviews of the applicants. Appointments will appear on agenda on the meetings of July 25, 2023 and August 8, 2023.
4. ADJOURNMENT
Mayor Dutra-Vernaci adjourned the meeting at 9:02 p.m.
Respectfully submitted,
Johanna Ota
Administrative Specialist
City Clerk’s Office
City Council/RSA Agenda 30 Tuesday, July 25, 2023
Agenda Item
DATE: 7/11/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE UNION LANDING
PROPERTYOWNERS' ASSOCIATION TO ENTER INTO AN AGREEMENT
WITH ZOOKA CREATIVE, IN A FORM APPROVED BY THE CITY
ATTORNEY, IN AN AMOUNT NOT TO EXCEED $123,000, FOR
MARKETING SERVICES FOR THE UNION LANDING SHOPPING
CENTER FOR FY23/24
Staff is recommending the City Council adopt a resolution (Attachment 1) authorizing the Union Landing Property Owners' Association ("Owners' Association") to enter into an agreement with Zooka Creative ("Zooka"), in a form approved by the City Attorney, in an amount not to exceed $123,000, for marketing services for the Union Landing Shopping Center for FY 23/24.
The Union Landing Property Business Improvement District (PBID) allows for marketing services to promote and maintain the visibility of the Union Landing shopping center as a retail destination. Zooka Creative will provide marketing services and support including web page maintenance, digital campaigns, and other optional tasks. For more information, see attached scope of work labeled Exhibit A.
STRATEGIC PLAN ALIGNMENT
This agenda item is in alignment with the following:
Goal C, Strategy 4: Enhance the City’s partnership with Union Landing property owners and tenants to grow the vitality of the business district and revenue to the City.
BACKGROUND
The FY 23/24 PBID budget includes $202,505.60 annually for marketing services. At their June 15, 2023 City Council/RSA Agenda 31 Tuesday, July 25, 2023
meeting, the Union Landing Property Owners' Association ("ULPOA") Board of Directors approved the following to support marketing services, which informed preparation of the FY 23/24 Annual Report, which includes the PBID budget.
Increase incidental costs for Marketing Services by 4% to adjust for inflation as allowed by the PBID Management Plan.
Not to increase the base Marketing Services Budget by 4%; the amount will remain at the same level as the previous year.
Addition of a $50,000 contingency to support efforts to improve and promote Union Landing.
Launch a Request for Proposals for an updated banner program.
Enter into a contract with Zooka Creative for $123,000, with a 30-day termination clause, to allow the Owners' Association Marketing Committee to re-evaluate services which benefit the center most effectively as a whole. Until services are agreed upon, Zooka Creative will continue to provide web hosting services.
Develop fiscal plan to renovate the pylons, that could include use of marketing funds and shared costs with license holders. A subcommittee will study options and bring recommendations to the Board of Directors.
On July 6, 2023, the ULPOA approved the Annual Report. On July 11, 2023, the City Council approved the Annual Report and ordered the collection and levy of PBID assessments.
DISCUSSION
Through the PBID Annual Report approval process, the ULPOA approved renewal of the Zooka agreement, up to $123,000, to provide marketing services for the Union Landing Shopping Center. In the past, Zooka has focused on promoting both the center and individual businesses. However, the ULPOA's legal counsel has advised that marketing services should focus solely on promotion of the center and not individual businesses due to the agreement funded through the PBID. As a result, the ULPOA Marketing sub-committee will work with Zooka to determine which additional services benefit the center most effectively as a whole. Zooka has agreed to continue to provide web hosting services until a joint agreement is reached on any additional activities.
In summary, the base service will include a year of web hosting charged at a rate of $9,000 commencing July 1, 2023. Optional services can include digitaladvertising (outreach, writing, design and development, newsletters, website, event coordination); paid media; and events. The ULPOA will manage the Zooka Creative agreement with assistance from staff from the Economic and Community Development Department.
FISCAL IMPACT
There is no fiscal impact to the General Fund by entering into an agreement with Zooka for marketing services for the term ending June 30, 2024. The City maintains all funds collected pursuant to the PBID assessment and ensures that such funds are accounted for separately from the City’s General Fund. The FY 23/24 annual revenue to be collected for marketing services is approximately $202,505.60, which is sufficient to cover the Zooka agreement. In addition, the ULPOA has approximately $218,073 in surplus funds that have rolled over from previous years that can be used to supplement any marketing activities.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution authorizing the Owners' Association to enter into an agreement with Zooka Creative, in a form approved by the City Attorney, in an amount not to exceed $123,000, for marketing services for the Union Landing Shopping Center for FY 23/24.
City Council/RSA Agenda 32 Tuesday, July 25, 2023
Prepared by:
Gloria Ortega, Economic Development Manager
Submitted by:
Gloria Ortega, Economic Development Manager
ATTACHMENTS:
Description Type
Resolution Zooka Creative Resolution
Exhibit A - ZookaAgreement Scope of Work Exhibit
City Council/RSA Agenda 33 Tuesday, July 25, 2023
CITY COUNCIL RESOLUTION NUMBER XXXX-23
RESOLUTION AUTHORIZING THE UNION LANDING PROPERTY OWNERS
ASSOCIATION TO ENTER INTO AN AGREEMENT WITH ZOOKA CREATIVE FOR
MARKETING SERVICES FOR THE UNION LANDING SHOPPING CENTER, IN A
FORM APPROVED BY THE CITY ATTORNEY, IN AN AMOUNT
NOT TO EXCEED $123,000 FOR FY 23/24
WHEREAS, On July 11, 2023, the City Council adopted Resolution number _____-23 to renew the Union Landing Property and Business Improvement District (“ULPBID”) and to levy and collect assessment for FY 2023-2024 in accordance with the provisions of the Property and Business Improvement District Law of 1994, California Streets and Highways Code section 36600 et seq.;
WHEREAS, the ULPBID Management District Plan identified the Union Landing Property Owners Association (“ULPOA”,) as the owner’s association for the ULPBID and established the duties and responsibilities of the ULPOA with regard to management of the ULPBID;
WHEREAS, the mission of the ULPOA, is to create and promote a high quality entertainment and shopping environment in the Union Landing center, to protect the safety of its visitors and provide businesses within the shopping center with valuable marketing efforts; WHEREAS, the ULPBID includes an annual assessment of approximately $202.505.60 for contractual marketing services for the five-year PBID term from FY 20-21 through FY 24-25.
In addition, the ULPOA has approximately $218.073 dollars in surplus funds to support marketing efforts that were rolled over from previous years, and approved a $50,000 one-time contingency fund; and
WHEREAS, the ULPOA Board of Directors approved a proposal, labeled Exhibit A, attached hereto and made a part hereof, in the amount of $123,000 with Zooka Creative to continue to provide marketing services for the Union Landing Shopping Center including web site management, social media, marketing, and promotions services through June 30, 2024; and WHEREAS, the agreement will include a 30-day termination clause, to allow the ULPOA Marketing Committee to re-evaluate services which benefit the center most effectively as a whole.
Until services are agreed upon, Zooka Creative will continue to provide web hosting services until a joint agreement on services is established; and
City Council/RSA Agenda 34 Tuesday, July 25, 2023
Resolution No. XXXX-23
WHEREAS, since the City receives the Union Landing Property and Business Improvement District (ULPBID assessments and manages them for the ULPOA the City must approve the expenditure of these funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City authorizes the ULPOA to enter into an agreement with Zooka Creative for marketing services for the Union Landing Shopping Center, in a form approved by the City Attorney, in an amount not to exceed $123,000.
City Council/RSA Agenda 35 Tuesday, July 25, 2023
EXHIBIT A
Zooka Agreement
SCOPE OF SERVICES AND COST
.
Proposed 2023-2024 Budget
Web Hosting, CRM, emal $9,000
To commence July 1, 2023
Optional Services
The following services will be futher reviewed by the Board of Directors. Upon approval, the services can commence.
Digital Advertising Up to $95,000
All Outreach, Strategy, writing, design and development, Newsletters, social media, website and event coordination ($9,500 per month) –
Paid Media Up to $4,000
($500 per month) -
Events $15,000
City Council/RSA Agenda 36 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONSULTING SERVICES AGREEMENT WITH PARK
ENGINEERING, INC., IN THE AMOUNT OF $2,000,000, FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE UNION CITY
BOULEVARD BIKE LANES PROJECT, CITY PROJECT NO. 17-29
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Park Engineering, Inc., in the amount of $2,000,000, for construction management services for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29.
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.
BACKGROUND
The Alameda County Transportation Commission (Alameda CTC) administers funding programs and projects 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.” On April 27, 2017, the Alameda CTC Commission approved the award of an $8,800,000 grant to the Union City Boulevard Bikes Lanes Project, City Project No. 17-29. On October 9, 2017, Union City received the executed Alameda CTC Project Funding Agreement No. A17-0125 in the amount of $8,800,000 grant funded with 2014 City Council/RSA Agenda 37 Tuesday, July 25, 2023
Measure BB, CMA TIP, TFCA (Transportation Fund for Clean Air Programs) and a required local match of $1,000,000 (Gas Tax) for the Final Design, Right of Way, and Construction Phases.
Since 2017, Union City has received other transportation funds for the Union City Boulevard Bike Lanes Projects as summarized below.
Resolution No. 5613-20 was adopted to approve the List of Projects for FY 2020-2021, in the amount of approximately $1.4 million funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations, including Union City Boulevard.
Resolution No. 5768-21 was adopted to approve the List of Projects for FY 2021-2022, in the amount of approximately $1.5 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation in various locations, including the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
Resolution No. 5951-22 was adopted to approve the List of Projects for FY 2022-2023, in the amount of approximately $1.6 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations, including Union City Boulevard Bike Lanes Project, City Project No. 17-29
Resolution No. 6123-23 was adopted to accept $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. Resolution No. 6152-23 was adopted to accept $1.8 million from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17-29, increasing the revenue projections in the Capital Projects Fund (Fund 4100) by $1.8 million, appropriating $1.8 million to Project No. 17-29, earmarking $450,000 of previously approved SB-1 funds (Fund 2515) 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.
Resolution No. 6160-23 was adopted to approve a List of Projects for FY 2023-2024, in the amount of approximately $1.7 million, funded with SB-1: The Road Repair and Accountability Act of 2017 (Fund 2515), which includes, among the various projects, the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
This Union City Boulevard Bike Lanes Project will complete the gap along Union City Boulevard by providing continuous bike facilities from Alameda County Flood Control Channel (Fremont) to Smith Street for over two miles and will serve as the San Francisco Bay Trail in Union City. The improvements will also include the rehabilitation of the roadway within the project limits. The bike lane 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:
Provides a new Class I bikeway west of UCB from Lowry Road to Rocklin Drive to Delaine Eastin School and the east of UCB with a dedicated right-turn lane to improve student drop off and access to the school; Significantly Enhances Street Lighting (for all modes); and Improves roadway drainage to reduce flooding in the new bike lanes.
The construction cost of the project is estimated at $16.8 million.
City Council/RSA Agenda 38 Tuesday, July 25, 2023
DISCUSSION
On March 24, 2023, the City of Union City released a Request for Proposal (RFP) for Construction Management Services for the Union City Boulevard Bike Lanes Project and the Cargill Brine Pipeline Project followed by the issuance of Addendum No. 1, dated April 11, 2023, and Addendum No. 2, dated May 10, 2023.
A Pre-Proposal Meeting for interested construction management firms was held on April 26, 2023 at the Mark Green Sports Center.
In early May 2023, the Design Consultant (Kimley-Horn Associates) submitted the Final Design Plans and Specifications for review by the City, the Cargill design teams, and interested construction management firms. The submittal also included an updated Construction Cost of $16.8 million for the Union City Boulevard Bike Lanes Project, City Project No. 17-29.
On May 16, 2023, the City of Union City received four (4) proposals from Consor PMCM, Inc., Ghirardelli Associates, MNS Engineers, Inc., and Park Engineering. Interviews were held on June 15, 2023, and the interview panel, consisting of Public Works staff and a representative from Cargill, selected Park Engineering, Inc. because of their project understanding, local knowledge, similar project experience, having in-house/local inspectors, and favorable reference checks.
Park Engineering, Inc. will be the single point of contact for the Pre-Construction, Construction and PostConstruction phases (August 2023-December 2025) of this $16.8 million project and the construction management services will include preforming a constructability and bid-ability review of the Plans, Specifications and Costs, assisting with contract bid process, project administration, managing the daily activities of the Prime Contractor, holding weekly meetings, reviewing and coordinating material submittals, RFIs and change orders with the design team, coordinating with utility companies, other agencies, businesses and residents, assisting with public meetings and outreach, reviewing progress reports & construction schedule, perform and monitor all field inspections, review test data, analyze records, assist with implementing stages construction set up for various phases, oversee post construction services including project close-out and preparation of As-Builts Plans.
The Consulting Services Agreement with Park Engineering for construction management for the Union City Boulevard Bike Lanes Project, City Project No. 17-29, is requested in the amount of $2,000,000. If approved, staff willadvertise the project in September 2023, with construction beginning in early 2024, and completion by end of 2025.
FISCAL IMPACT
The Consulting Services Agreement with Park Engineering, Inc. for Construction Management Services, in the amount $2,000,000, will be funded with $1,136,000 from the Alameda CTC Project Funding Agreement No. A17-0125 in the Capital Projects Fund (Account Number 4100-3199-91729-54110) for Union City Boulevard Bike Lanes Project, $214,000 from the Measure B ACTC Bike and Ped Fund (Account Number 2543-3199-91729-54110) and $650,000 from the SB-1 Road Maintenance and Rehabilitation Account (RMRA) Fund (Account Number 2515-3199-91729-54110), which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028 for the Union City Boulevard Bike Lane Project, City Project No. 17-29.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Consulting Services Agreement with Park Engineering, Inc., in the amount of $2,000,000, for construction management City Council/RSA Agenda 39 Tuesday, July 25, 2023
services for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29.
Prepared by:
Marilou Ayupan, Public Works Director
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Attachment 1 - UCBBike Lanes CM RFP and Addendum Attachment Attachment 2 - Pre-Proposal Conference Presentation Attachment Attachment 3 - CSA Attachment
Resolution Resolution
City Council/RSA Agenda 40 Tuesday, July 25, 2023
REQUEST FOR PROPOSAL (RFP)
FOR CONSTRUCTION MANAGEMENT
SERVICES
CITY PROJECT NO. 17-29
Union City Boulevard Bike Lane
and Cargill’s Brine Pipeline Project
Marilou R. Ayupan, P.E.
Public Works Director
City of Union City
34009 Alvarado-Niles Road
Union City, CA 94587
[email protected]
RFP SCHEDULE
Issue RFP March 24, 2023
Deadline to Submit Questions Tuesday, April 12, 2023
Deadline to Submit Proposal Tuesday, April 19, 2023, by 1:30 p.m.
Interviews (If Necessary) May 2, 2023
City Council/RSA Agenda 41 Tuesday, July 25, 2023
Union City Boulevard Bike Lane and Cargill ‘s Brine
Pipeline Project
TABLE OF CONTENTS
INTRODUCTION: ...........................................................................................................................1 A) About RFP ………………................................................................................................1 B) Project Background………................................................................................................1 C) Schedule ...........................................................................................................................2 I. INSTRUCTIONS...................................................................................................................2 II. PROPOSER’S MINIMUM QUALIFICATIONS .................................................................5 III EVALUATION AND SELECTION ...................................................................................5 IV PROPOSAL FORMAT AND CONTENT............................................................................6 V ALAMEDA CTC REQUIREMENTS ………………………..............................................8 VI PREVAILING WAGE REQUIREMENTS...........................................................................8 VII INDEMNITY AND INSURANCE REQUIREMENTS .......................................................8 VIII PROTESTS ............................................................................................................................9 IX SCOPE OF WORK..............................................................................................................10 X. ADMINISTRATIVE SUBMITTALS .................................................................................10 XII APPENDICES .....................................................................................................................10 a) Detailed Scope of Services ............................................................................................17 b) Consulting Service Agreement ......................................................................................22 City Council/RSA Agenda 42 Tuesday, July 25, 2023
INTRODUCTION:
A) About Request for Proposal (RFP)
Union City seeks proposals from qualified professional engineering firms to provide construction management services (including construction administration, construction inspection and material testing).
B) Project Information
City Council/RSA Agenda 43 Tuesday, July 25, 2023
C) Schedule
Tentative schedule is as follows:
SCHEDULE
Notice to proceed June 12,2023
Review Plans For Construability June 30, 2023
Start Construction August 10, 2023
End Construction October 30, 2024
Project Closeout February 1, 2025
I. INSTRUCTIONS TO PROPOSERS
A. PROCUREMENT SCHEDULE: The City’s procurement schedule dates are listed in the table below. All dates set forth in this RFP are subject to change at City’s sole discretion and will be provided to persons submitting a proposal under this RFP (“Proposers”) as an addendum. All time references in this RFP are in Pacific Time.
RFP SCHEDULE
Issue RFP March 24, 2023
Deadline to Submit Questions Tuesday, April 12, 2023
Deadline to Submit Proposal Tuesday, April 19, 2023, by 1:30 p.m.
Interviews (If Necessary) May 2, 2023
*Note: City Hall Lobby at 34009 Alvarado-Niles Road, Union City, CA 94587 is open from 9:00 AM to 5:00 PM Monday through Thursday and 9 AM to 12 PM on the alternating Fridays that City Hall is open. Deliver all proposals to the Public Works Counter.
B. DESIGNATED POINT OF CONTACT: All communications with the City shall be in writing (US mail/email) to the Designated Point of Contact identified below. All emails must indicate in the subject line “RFP UCB Bike Lane and Cargill’s Brine Pipeline Project, City Project No. 17-29”. No telephone calls will be accepted. Proposers are prohibited from contacting anyone (including City Council members and other City staff) other than the Designated Point of Contact.
The Designated Point of Contact for this procurement shall be as follows:
Marilou Ayupan, Public Works Director
City of Union City
Public Works Department
34009 Alvarado Niles Road
Union City, CA 94587
Email: [email protected]
C. EXAMINATION OF PROPOSAL DOCUMENTS: By submitting a proposal, the Proposer represents that they have thoroughly examined and become familiar with the work required under this RFP, and that they are capable of performing quality work to achieve City Council/RSA Agenda 44 Tuesday, July 25, 2023
the City’s objectives. A draft PS&E is available to any firm interested in obtaining a copy.
Please contact Erika Cramer at the City’s Public Works Department ([email protected]).
D. ADDENDA/CLARIFICATIONS: Questions or comments regarding this RFP must be submitted in writing and must be received by City no later than 5:00 p.m. on April 12, 2023. Email questions must be submitted to the Designated Point of Contact listed above and shall include line “RFP UCB Bike Lane and Cargill’s Brine Pipeline Project, City Project No. 17-29” in the subject line.
Responses from the City will be communicated in writing to all recipients of this RFP and published on the City online procurement website.
NOTHING RELIEVES PROPOSERS FROM BEING BOUND BY ADDITIONAL TERMS AND CONDITIONS IN ADDENDA.
E. SUBMISSION OF PROPOSALS: All proposals shall be submitted to the Designated Point of Contact no later than 1:30 p.m. on Tuesday, April 19, 2023. If proposal is submitted in person, please deliver to the Public Works Counter in the City Hall lobby at 34009 Alvarado-Niles Road, Union City, CA 94587 (please note the City Hall lobby is open from 9:00 AM to 5:00 PM Monday through Thursday and 9 AM to 12 PM on the alternating Fridays that City Hall is open).
The Proposer shall submit five (5) printed copies and one (1) copy of the proposal in an electronic format in the form of a CD, DVD, or flash drive accompanied by a separate and sealed envelope, containing one printed copy of the Alameda CTC LBE/SLBE Forms.
The package must bear the Proposer’s name and address, and be clearly labeled as follows:
“RFP Union City Blvd. Bike Lane and Cargill’s Brine Pipeline Project, City Project No. 17-29”
All responses, inquiries, and correspondence related to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Proposer and submitted as part of the proposal will become the property of the City when received by the City and may be considered public information under applicable law. Any proprietary information in the proposal should be identified as such. The City does not typically disclose proprietary information to the public, unless required by law; however, the City cannot guarantee that such information will be held confidential.
F. WITHDRAWAL OF PROPOSALS: A Proposer may withdraw their proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering to the Designated Point of Contact a written request for withdrawal signed by, or on behalf of, the Proposer.
G. RIGHTS OF CITY: The City may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by the Proposer, and require City Council/RSA Agenda 45 Tuesday, July 25, 2023
additional evidence or qualifications to perform the services described in this RFP.
The City reserves the right to:
Reject any or all proposals.
Issue subsequent Requests for Proposal.
Postpone opening/review of proposals for its own convenience. Remedy technical errors in the Request for Proposal process. Approve or disapprove the use of specific subcontractors. Solicit best and final offers from all or some of the Proposers. Award a professional services agreement to one or more Proposers. Waive informalities and irregularities in proposals.
Conduct interviews at its discretion.
H. AGREEMENT TYPE: It is anticipated that the City will award a consulting services agreement (“Agreement”). The City standard agreement is included in Appendix B. If awarded, the Agreement compensation will be cost-plus-fixed-fee not to exceed maximum dollar amount. This RFP does not commit the City to enter into such an agreement nor does it obligate the City to pay for costs incurred in the preparation or submission of proposals or in anticipation of entry into an Agreement.
I. COLLUSION: By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and not collusive or made in the interest of or on behalf of any person not named therein; that the Proposer has not, directly or indirectly, induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.
J. AUDIT REPORT/REQUIREMENTS: Proposers must agree to abide by the requirements in Chapter III, paragraph 4 of FTA Circular 4220.1F. and Alameda CTC requirements. Every Proposer that has been the subject of any audit report by any government or public agency or qualified independent CPA must attach with its proposal the latest such audit report, including direct labor, materials, fringe benefits and general overhead.
Proposers must also agree to submit cost or pricing data in accordance with 48 CFR Part
15.408 Table 15-2 prior to award of the contract.
K. ECONOMIC INTEREST FORM 700: The Proposer’s key point of contact, as well as other positions within his or her firm determined by the City to be participating in the making of governmental decisions, will be required to file a Form 700, the financial disclosure form mandated by the Fair Political Practices Commissions (FPPC). The Form 700 will be required to be filed upon execution of the Agreement in which the City retains the services of the Proposer, annually thereafter, and upon separation of services pursuant to FPPC rules and regulations.
City Council/RSA Agenda 46 Tuesday, July 25, 2023
L. INCORPORATION OF EXHIBITS & ATTACHMENTS: All exhibits and attachments referenced in this RFP are incorporated herein by this reference.
II. PROPOSER’S MINIMUM QUALIFICATIONS
A. REQUIRED MINIMUM QUALIFICATIONS: The following qualifications are the minimum required qualifications that a Proposer must have in order for a proposal to be considered:
The Prime Consultant Proposer shall be a firm with at least ten (10) years of roadway/municipal construction management experience providing professional services for construction administration, inspection and material testing for public agency clients and with the understanding of ACTC funding requirements and coordination with third party (Cargill Inc.) for the installation of their pipeline.
B. PREFERRED QUALIFICATIONS: The Proposer’s Resident Engineer shall possess knowledge of municipal design guidelines, requirements, reporting requirements for ACTC, and construction administration of a similar project.
III. EVALUATION AND SELECTION
A. EVALUATION CRITERIA: The following criteria will be used to evaluate proposals:
Resident Engineer and Key Staff’s Relevant Experience 35 Points Technical Approach to the Project 30 Points
Resource Plan for the Project (hours by staff & task) 30 Points Administrative Compliance (PW, Levine, Others) 5 Points 100 Points
1. RESIDENT ENGINEER, DEPUTY RESIDENT ENGINEER AND KEY
STAFF’S RELEVANT EXPERIENCE: Evaluation of this criterion will be based on the resident engineer and key staff’s relevant experience demonstrating the ability of the proposed team to successfully complete the project and references.
2. TECHNICAL APPROACH TO THE PROJECT: Evaluation of this criterion will be based on the Proposer’s technical approach to the project.
3. RESOURCE PLAN FOR THE PROJECT: Evaluation of this criterion will be based on percentages and hours allocated to the major subtasks to reflect the Proposers’ overall understanding of the project requirements. This information must be provided as part of the main proposal content showing only the estimated hours allocated to complete each subtask as specified in the Scope of Work and total hours by staff.
City Council/RSA Agenda 47 Tuesday, July 25, 2023
4. LOCAL FIRM PREFERENCE: A local firm is a firm that currently has its main office or a branch office with meaningful production capability located within the Bay Area counties (the nine counties in the Metropolitan Transportation Commission jurisdiction), or a firm that, upon award of the contract by the City, will establish such a local office.
B. EVALUATION PROCEDURE: The review board will evaluate proposals based on the pre-established criteria to determine the successful Proposer or establish a shortlist of firms to interview. The City reserves the right to conduct interviews at its discretion.
The names of the review board members are not revealed prior to the interviews. The individual or composite rating and evaluation forms prepared by individual review board members are not retained by the City and will not be revealed.
C. AWARD: When the review board has completed its work, negotiations will be conducted for the extent of services to be rendered.
IV. PROPOSAL FORMAT AND CONTENT
A. FORMAT: Proposals shall be typed and as concise as possible and shall not include any unnecessary promotional material. The nature and form of response are at the discretion of the Proposer, but shall include the information listed below.
B. CONTENT: Page limits for each section of the proposal are as follows:
Contents Page Limit
Firm, team profile and qualifications (1/2 page per firm and one page resume, except for Project Manager -2 pages)
10 to 15
Work Plan/Project Understanding-Technical Approach 10
Resource Plan 4
Administrative Requirements As specified
The Proposer shall include the information described below:
1. PROFILE OF FIRM: This section shall include a brief description of the firm’s size as well as the local organizational structure. Include a discussion on the firm’s financial stability, capacity, and resources. Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting from: (a) any public project undertaken by the Proposer or by its subcontractors where litigation is still pending or has occurred within the last five (5) years; or, (b) any type of project where claims or settlements were paid by the Proposer or its insurers within the last five (5) years.
City Council/RSA Agenda 48 Tuesday, July 25, 2023
2. QUALIFICATIONS OF THE FIRM/KEY Staff: This section shall include a brief description of the firm. Provide at least three (3) examples of projects that are similar in nature to the Union City Boulevard Bike Lane and Cargill’s Brine Pipeline Project performed by the proposed project manager and deputy project manager to show supporting evidence of relevant experience, including the name of the project, the name and contact information for the client on the project and the roles and responsibilities of the proposed project manager, deputy project manager and key staff on each of the example projects. Additionally, provide information for the proposed project manager, deputy project manager and key staff that shows experience working on complex multimodal transportation projects with multiple agency and private stakeholders, experience and familiarity with the process to implement multi-modal transportation improvements from the earliest planning steps through construction. Include at least three (3) references.
3. WORK PLAN/PROJECT UNDERSTANDING: By presentation of a well-conceived work plan, this section of the proposal shall establish that the Proposer understands the City’s objectives and work requirements and the Proposer’s ability to satisfy those objectives and requirements. The work plan should describe the Proposer’s approach to project management, including: developing a work plan, project communication, developing and maintaining a project schedule, and quality assurance and quality control.
4. PROJECT STAFFING: This section shall include the staffing level in the detailed scope of services in Appendix A. At minimum, staffing level shall be a list major tasks and staffing level by positions as shown below:
Proposer project team members shall be identified by name, location, and specific responsibilities on the project. An organizational chart for the project team and resumes for key personnel shall be included. Key personnel will be an important factor considered by the review board. Once the proposal is submitted, there can be no change of key personnel without the prior approval of City.
City Council/RSA Agenda 49 Tuesday, July 25, 2023
5. ADMINISTRATIVE SUBMITTALS: The Proposer must complete forms as follows:
Form 1: General Information
Form 2: Levine Act Statement
Form 3: Alameda CTC LBE/SBE Certification
Form 4: Exceptions to City’s Standard Agreement
Form 5: Certificate of Proposer
V. ALAMEDA CTC REQUIREMENTS
This project is partially funded by Alameda CTC, but this contract does not have to comply with ACTC Local Business Contract Equity (LBCE). Good faith effort shall be made to meet these goals.
VI. PREVAILING WAGE REQUIREMENTS
Pursuant to appropriate Sections of the Labor Code of the State of California, the Director of the California Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) for those classifications applicable to the Services, for straight time, overtime, Saturday, Sunday, and holiday work. Said prevailing wage rates have been adopted by the City and are incorporated herein by reference. These wage rates are available through the California State Department of Industrial Relations, http://www.dir.ca.gov.
Work-persons employed in the work must be paid at rates at least equal to the prevailing wage rates as adopted. If selected Proposer uses a craft or classification not shown on the prevailing wage determinations, selected Proposer may be required to pay the wage rate of that craft or classification most closely related to it as shown in the general determinations effective at the time of award.
In the performance of the Services, the selected Proposer and all subcontractors shall be responsible for compliance with California Labor Code Sections 1776 (Payroll records, retention, inspection, non-compliance penalties, rules and regulations) and 1777.5 (Employment of registered apprentices, wages, standards, number, apprenticeable craft or trade, exemptions, contributions).
This Agreement is also subject to Federal requirements for payment of prevailing wages as determined by the Secretary of Labor. Where there are differences in the rates, the higher rate shall apply.
VII. INDEMNITY AND INSURANCE REQUIREMENTS
Selected Proposer shall maintain insurance limits no less than:
City Council/RSA Agenda 50 Tuesday, July 25, 2023
A. GENERAL LIABILITY: $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury, and property damage. If a Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. AUTOMOBILE LIABILITY: $1,000,000 combined single limit per accident for bodily injury and property damage.
C. WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY: Statutory Workers’ Compensation limits and Employers Liability limits of $1,000,000 per accident.
D. PROFESSIONAL LIABILITY: $2,000,000 each occurrence/aggregate minimum limit per claim.
VIII. PROTESTS
A. SOLICITATION PHASE: Prior to the closing date for submittal of proposal, Proposer may submit to the City protests regarding the procurement process, or alleged improprieties in specifications or alleged restrictive specifications. Any such protests shall be filed no later than ten (10) working days prior to the scheduled closing date. If necessary, the closing date of the solicitation may be extended pending a resolution of the protest.
B. PRE-AWARD: Protests dealing with alleged improprieties in the procurement or the procurement process that can only be apparent after the closing date for receipt of proposals shall be filed within five (5) working days after issuance of the Notice of Recommended Award. Protests shall contain a statement of the grounds for protests and supporting documentation. Protestor will be notified of the City’s final decision prior to issuance of award.
C. PROTEST PROCEDURES: Protestors shall have an opportunity to appear and be heard before the agency prior to the opening of proposals in the case of protests based on the content of the request for proposals or prior to final award in the case of protests based on other grounds. Proposer’s requests and protests shall be in writing only and be addressed to:
Marilou Ayupan, P.E.
Public Works Director
City of Union City
34009 Alvarado Niles Road
Union City, CA 94587
Failure to comply with the above protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.
City Council/RSA Agenda 51 Tuesday, July 25, 2023
IX. SCOPE OF WORK
A detailed scope of services is included in Appendix A. Proposer shall review the detailed scope of services and if a proposer believes it is in the best interest of the project to modify or deviate from the scope of work in Appendix A, proposer shall include in Approach Section of the proposal the suggested/recommended deviations.
X. ADMINISTRATIVE SUBMITTALS
FORM 1. GENERAL INFORMATION
FORM 2. LEVINE ACT STATEMENT
FORM 3. ACTC LBE/SBE CERTIFICATION
FORM 4. EXCEPTIONS TO THE AGREEMENT
FORM 5. CERTIFICATE OF PROPOSER
XI. APPENDICES
A) Detailed Scope of Work
B) City Standard Agreement
City Council/RSA Agenda 52 Tuesday, July 25, 2023
FORM 1. GENERAL INFORMATION
Instructions: Please complete this form and include in your proposal. On a separate page, list all subcontractors; include company name, address, phone number and type of service.
Company Name
Street Address
City/State/Zip
Phone No.
FAX No.
Federal Taxpayer ID No.
POINT(S) OF CONTACT
Primary
Name/Title
Phone No.
Cell Phone No.
E-mail
Alternate
Name/Title
Phone No.
Cell Phone No.
E-mail
Primary
Name/Title
Signature
AUTHORIZED SIGNATORIES:
Alternate
Name/Title
Signature
City Council/RSA Agenda 53 Tuesday, July 25, 2023
FORM 2. LEVINE ACT STATEMENT
Prime Proposer and Subcontractors must submit a signed Levine Act Statement
California Government Code § 84308, commonly referred to as the "Levine Act," precludes an elected local government agency from participating in the award of a contract if he or she receives any contributions totaling more than $250 in the twelve (12) months preceding the pendency of the contract award, and for three (3) months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the officer, or received by the officer on behalf of any other officer, or on behalf of any candidate for elective office or on behalf of any committee in federal, state or local elections.
1. Have you or your company, or any agent on behalf of you or your company, made any contributions of more than $250 to any City Council member in the twelve (12) months preceding the date of the issuance of this RFP?
No Yes Please identify the Board member or alternate:
2. Do you or your company, or any agency on behalf of you or your company, anticipate or plan to make any contributions of more than $250 to any City Council member in the three months following the award of the contract?
No Yes Please identify the Board member or alternate:
Answering yes to either of the two questions above does not preclude City from awarding a contract to
your firm. It does, however, preclude the identified Council member or alternate from participating in the
contract award process for this
contract.
Signature: Firm Name: Date:
City Council/RSA Agenda 54 Tuesday, July 25, 2023
FORM 3 ALAMEDA CTC FIRM CERTIFICATION
The Proposer hereby certifies that ______% of the dollar value of services to be rendered will be performed by the following firms (including Proposer, if applicable):
Name of Proposer or Subcontractor LBE, SLBE or NON % of Dollar Value By:
Signature of Authorized Representative of Proposer
Printed Name/Title
SUBMIT IN A SEALED ENVELOPE
City Council/RSA Agenda 55 Tuesday, July 25, 2023
FORM 4. EXCEPTIONS TO THE AGREEMENT
This form shall include any exceptions the Proposer takes to the “Agreement for Services,” which include the “Compensation, Invoicing and Payment” and “Indemnity and Insurance Requirements.” If Proposer takes no exceptions, check the field “Proposer takes no exceptions” below.
Proposer takes exception to the following:
Section Reference Disposition (For CITY Use Only)
*Insert proposed changes here
Section Reference Disposition (For CITY Use Only)
*Insert proposed changes here
*Make copies of this page if necessary
“Proposer takes no exceptions.”
Proposer:
Firm
Signature
Printed Name
Title
Date
City Council/RSA Agenda 56 Tuesday, July 25, 2023
FORM 5. CERTIFICATE OF PROPOSER
I hereby certify that I am the and
duly authorized representative of the firm of whose
address is and that,
except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Proposer) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above Proposer) any fee, contribution, donation, consideration or any kind for, or in connection with procuring or carrying out this agreement.
I acknowledge that this Certificate is to be made available to the California Department of Transportation (Caltrans) in connection with this agreement involving participation of Federalaid Highway funds, and is subject to applicable State and Federal laws, both criminal and civil.
Name of Company (Proposer) Date
Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official
City Council/RSA Agenda 57 Tuesday, July 25, 2023
APPENDIX A
DETAILED SCOPE OF SERVICES
Provide complete Construction Administration, Inspection and Materials Testing services for the Project in accordance with ODOT's 2017 Construction Administration and Inspection Manual of Procedures (CAIMOP). CPM Scheduling services are not part of this scope.
The performance of engineering and supervisory duties required in the administration of a City of Union City construction contract, as defined in the Division 100 sections of the CAIMOP, construction contract specific requirements and City policies and procedures.
Section 101 of the Manual of Procedures defines the term Engineer, and Section 105.01 further defines the Authority/Responsibilities of the Engineer. A City employee will act as the Engineer of Record and remain in responsible charge of administration of the construction contract. The consultant employee will serve as Resident Engineer, who will provide day-to-day administration of the construction project. The table below delineates the authority of the Consultant Resident Engineer and defines the authority and decisions reserved for the City.
Section 105.01 Activity Responsibility Notes
The person designated as the Resident
Engineer (RE) shall serve as the initial
point-of-contact for all contractual
issues and construction issues to the
Contractor and coordination with
third party (Cargill, Inc.) Engineer.
The RE shall recommend the
resolution of contractual issues to
City staff. The RE shall coordinate
the resolution of construction issues.
with City staff and others involved with
this project.
Consultant
Conduct regular progress meetings
(every 2 weeks) with stakeholders.
Consultant Take meeting minutes and
distribute to the group.
Provide EEO/Prevailing Wage contract
compliance assistance in accordance
with Section 107 of the CAIMOP.
Consultant
City Council/RSA Agenda 58 Tuesday, July 25, 2023
Section 105.01 Activity Responsibility Notes
Provide required accounting
documentation for ACTC
Consultant
Record all pertinent information to
force account and change orders.
Consultant
Assignment of the inspection duties at
the project level.
Consultant
Instruction of the inspection force in
the requirements of the project and the
items being constructed including:
• Addenda, proposal and
supplemental specifications, and
equipment (e.g., concrete testing
kit).
Consultant
Review/respond to Requests for
Information (RFIs).
Consultant Input to be sought from City’s
Engineer and/or the
Design Consultant as needed.
Review/approval of materials to be
incorporated in the work. This may
involve rejection of materials.
Consultant City's Engineer must approve
all non-spec material
incorporated in the project.
Review/approval of shop drawings of
materials to be incorporated in the
work. This may involve rejection of
drawings.
Consultant
The CM shall track the review
process and "turn around"
time of the submittals and
coordinate the reviews with
the Contractors. The CM shall
provide a Disposition of
Comments to the Contractors.
The CM shall ensure review
comments are all adequately
addressed and implemented,
as needed.
City Council/RSA Agenda 59 Tuesday, July 25, 2023
Section 105.01 Activity Responsibility Notes
Timely payment for work performed
by performing the following activities:
• Input daily diaries in eBuilder,
review estimates, verify payrolls,
and obtain approval of sampled
materials.
Consultant
and
City
City's Engineer must approve
all payments to the contractor.
Determining the need for change
orders within the scope of the
contract.
Consultant and
City
City's Engineer must approve
all change orders. Consultant
shall advise the Engineer of
potential claims
and change orders. City's
Engineer will provide
direction concerning analysis
and development of
recommendations.
Monitoring of the project and
discussing progress schedule with
Contractor's Superintendent.
Consultant and City
City's Engineer must approve
all changes in the progress
schedule affecting critical
milestones, completion dates,
and critical path on the
project.
Maintaining project records:
• Construction daily diary.
• Work performed.
• Contractor's equipment, materials,
and significant events of the day.
• Job correspondence.
• Letters from contractors, utility
companies, and other public
agencies, as well as any
correspondence from the City or
other public agencies.
• Minutes from project progress
meetings, including who attended,
items discussed, resolutions to
problems and action items.
• Other pertinent documents.
• Shop drawings/working drawings.
• As-built drawings.
Consultant
Addressing and resolving job site
problems in a timely manner.
Consultant and City Advise City's Engineer of
significant issues.
City Council/RSA Agenda 60 Tuesday, July 25, 2023
Section 105.01 Activity Responsibility Notes
Providing the Contractor with specific
information regarding the usage of
contingency quantities or "as
directed" items.
Consultant and City
Advise City's Engineer of
significant issues with existing
items of work or new items of
work.
Reporting to City's Engineer any
major change in conditions, traffic
accidents, or status of project.
Consultant and City
Advise City's Engineer of
significant issues concerning
major change in conditions,
traffic accidents, or status of
project.
Determining final quantities, ensuring
the Contractor completes the Punch
List items, completing project files,
and scheduling final inspection.
Consultant and City
City's Engineer must approve
final quantities, punch list
completion and
attend the final inspection.
The performance of inspection and materials management duties as described in the CAIMOP. The Consultant will perform all off-site material testing. The Consultant shall furnish the following tools as needed:
a) Nuclear Density Gauge and related tools.
b) Concrete Control Kit to perform tests ASTM C-231, ASTM C-173, ASTM C-138 and ASTM C-143.
c) The type and number of vehicles, either cars or trucks, for use on-site.
The report-in location for Consultant personnel shall be the project field office or a location at the project site designated by the City. No compensation will be provided by the City for commuting to and from the report-in location. Consultants that provide leased or company owned vehicles for use on site shall be compensated on a daily rate basis. If company owned vehicles are provided, the Consultant's indirect cost pool shall be credited for the daily rate reimbursement.
d) Testing:
a. Concrete Field Testing & Test Specimen Field Fabrication - ACI Field Testing Technician Grade I
b. Soil & Aggregate Inspection & Compaction Testing - approved per ODOT S1121 for both equipment and personnel
c. Asphalt Laboratory Testing - ODOT QC Asphalt Technician - Level 2 Test laboratory shall be accredited by AASHTO (or another approved accreditation body) in the following quality management system specifications:
a) AASHTO R18
b) ASTM C1077 (Concrete)
City Council/RSA Agenda 61 Tuesday, July 25, 2023
c) ASTM E-329 (Concrete)
d) ASTM E-329 (Soil)
e) ASTM D3740
City Council/RSA Agenda 62 Tuesday, July 25, 2023
APPENDIX B – CITY STANDARD AGREEMENT
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF UNION CITY AND
[NAME OF CONSULTANT] FOR [SERVICES]
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and , a (corporation / limited liability company / sole proprietor), with offices located at , (“Consultant”), (together referred to as the “Parties”) as of , 20 (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on , and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.5 [OPTIONAL] Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
City Council/RSA Agenda 63 Tuesday, July 25, 2023
[NOTE TO STAFF: IF THE SERVICES ARE NOT WITHIN THE STATUTORY DEFINITION OF A PUBLIC WORKS PROJECT, THEN SECTION 1.5 AND EXHIBIT C MAY BE DELETED. CHECK
WITH THE CITY ATTORNEY IF THERE IS A QUESTION ABOUT WHETHER THE SERVICES CONSTITUTE A PUBLIC WORKS PROJECT.]
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed [Spell out amount]
may be contained
($ ) notwithstanding any contrary indications that
in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
[NOTE TO STAFF: THE FOLLOWING PROVISIONS OF THIS SECTION MAY BE ALTERED AS NECESSARY TO FIT THE CIRCUMSTANCES OF A PARTICULAR AGREEMENT.]
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number if applicable;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the ,
City Council/RSA Agenda 64 Tuesday, July 25, 2023
work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; • The Consultant’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice City Council/RSA Agenda 65 Tuesday, July 25, 2023
of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code. [NOTE TO STAFF: SECTION 3 MAY BE MODIFIED AS NECESSARY FOR THE TYPE OF WORK.]
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products
$1,000,000 per occurrence;
Bodily Injury and Property
City Council/RSA Agenda 66 Tuesday, July 25, 2023
and Completed Operations; Contractual
Liability; Personal Injury and Advertising
Liability
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
occurrence form CG 0001 (most
recent edition) covering
comprehensive General
Liability on an “occurrence” basis
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, nonowned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual
contractors with no
transportation or hauling related activities
$2,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as broad
as Insurance Services Office
Automobile Liability form CA
0001 (most recent edition), Code
1 (any auto). No endorsement
shall be attached limiting the
coverage.
C Workers’ Compensation
(WC) and Employers Liability (EL)
Required for all contractors with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if the
program of self-insurance
complies fully with the provisions
of the California Labor Code.
The insurer shall waive all rights
of subrogation against the City
and its officers, officials,
employees, and volunteers for
loss arising from work performed
under this Agreement
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$2,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$100,000 per claim
City Council/RSA Agenda 67 Tuesday, July 25, 2023
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents, employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant City Council/RSA Agenda 68 Tuesday, July 25, 2023
must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
City Council/RSA Agenda 69 Tuesday, July 25, 2023
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of City Council/RSA Agenda 70 Tuesday, July 25, 2023
employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
City Council/RSA Agenda 71 Tuesday, July 25, 2023
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
City Council/RSA Agenda 72 Tuesday, July 25, 2023
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
City Council/RSA Agenda 73 Tuesday, July 25, 2023
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as ("Contract Administrator").
All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.
10.10 Notices. Any written notice to Consultant shall be sent to:
[INSERT CONSULTANT CONTACT INFORMATION HERE]
All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
City Council/RSA Agenda 74 Tuesday, July 25, 2023
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Cost Proposal
Exhibit C Reimbursable Expenses [DELETE IF NOT APPLICABLE] Exhibit [C or D] Public Works Requirements [DELETE IF NOT APPLICABLE]
10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 75 Tuesday, July 25, 2023
The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY [CONSULTANT]
JOAN MALLOY, CITY MANAGER Title: __________________________ ATTEST:
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
3695229.2
Version 3.2.21
City Council/RSA Agenda 76 Tuesday, July 25, 2023
Addendum No. 1
Issued: April 11, 2023
City Council/RSA Agenda 77 Tuesday, July 25, 2023
Addendum No. 1 – Union City Boulevard Bike Lane and Cargill’s Brine Pipeline Project RFP 1 Date: April 11, 2023
ADDENDUM NO. 1
FOR
REQUEST FOR PROPOSAL (RFP)
FOR CONSTRUCTION MANAGEMENT SERVICES
CITY PROJECT NO. 17-29
UNION CITY BOULEVARD BIKE LANE AND CARGILL’S BRINE PIPELINE PROJECT
1. RFP schedule on cover sheet and Page 2 of RFP is modified as shown:
RFP SCHEDULE
Issue RFP March 20, 2023
Reissue RFP March 21, 2023
Pre-Proposal Conference April 26, 2023 at 9:30 a.m.
Deadline to Submit Questions May 4, 2023 by 5:00 p.m.
Issue Addenda/Clarifications May 5, 2023 by 5:00 p.m.
Deadline to Submit Proposal May 16, 2023, by 1:30 p.m.
Interviews (If Necessary) June 1, 2023 (Thursday)
2. Pre-Proposal Conference Meeting
All prospective proposers are strongly encouraged to attend the Pre-Proposal Conference Meeting scheduled as noted below.
Wednesday, April 26, 2023 at 9:30 a.m.
Mark Green Sports Center
31224 Union City Blvd.
Union City, CA 94587
Meeting will begin with a project presentation, contract requirements, and questions/answers period.
3. Final Design Status
We are expecting final Plans and Specifications to be completed the week of May 8, 2023.
City Council/RSA Agenda 78 Tuesday, July 25, 2023
Addendum No. 2
Issued: May 10, 2023
City Council/RSA Agenda 79 Tuesday, July 25, 2023
Addendum No. 2 – Union City Boulevard Bike Lane and Cargill’s Brine Pipeline Project RFP 1 Date: May 10, 2023
ADDENDUM NO. 2
FOR
REQUEST FOR PROPOSAL (RFP)
FOR CONSTRUCTION MANAGEMENT SERVICES
CITY PROJECT NO. 17-29
UNION CITY BOULEVARD BIKE LANE AND CARGILL’S BRINE PIPELINE PROJECT
1. Final Design Status
a. The latest project plans were posted for download on 5/8/2023. b. The project specifications will be made available on May 11, 2023 (Thursday). c. Fiber optic and additional landscaping plans is anticipated to be issued as an addendum to construction bid package in June 2023.
2. Change to the Proposal Due Date
The proposal due date has been extended one week. Due date is May 23, 2023 (Tuesday) at 1:30 PM
3. Questions/Clarifications
a. Current cost estimates
i. Bike Lane Project $19.9 million with 10% contingency ii. Cargill Pipeline Project $ 7.0 million
b. What is meant by “local organization structure”?
Include Bay Area organizations, particularly if a firm has an office in Alameda County. c. Appendix A – What is the “ODOT” acronym?
This was an oversight, change the acronym “ODOT” to “Caltrans”. d. Does Section 105.01 activity intend to serve as the complete and detailed scope? Make suggestions or recommendations for changes to scope.
City Council/RSA Agenda 80 Tuesday, July 25, 2023
Addendum No. 2 – Union City Boulevard Bike Lane and Cargill’s Brine Pipeline Project RFP 2 e. Resource clarification.
The intent of RFP is to seek proposers to submit their staffing plan for the project based on the scope of services included in the RFP or as recommended changes/additions by the proposers.
f. Appendix A soil and aggregate inspection, compaction.
Change “ODOT” reference to “Caltrans”.
g. Will there be an opportunity to ask questions regarding PS&E? No, we are providing PS&E to guide the proposers in preparing CM approach, issues, and strategy.
h. Section IV, Part B, subsection 2, Project Manager/Deputy PM.
Please use Resident Engineer and Deputy Resident Engineer. i. What is the City’s primary objectives and concerns for the construction management of this project?
The City’s objective is to minimize traffic impact to travelling motorists and to adjacent neighborhoods.
j. Will the project follow Caltrans LAPM for advertise and award, construction administration and project completion?
To extent they are applicable.
k. What is Phase 2B traffic signal improvements?
Please refer to updated PS&E for staging of signal improvements for various intersections.
l. Stage 2 shows no construction.
Please refer to updated PS&E for staging and traffic handling requirements. m. How did the City arrive at end of construction dates? Will the contractor be allowed to overlap stages? Can 500 feet lane closure may be at multiple locations? The City arrived at the number of working days based on a best engineering estimate for construction duration. Yes, contractor can request changes to staging, subject to City approval. Staging plans were developed by the City to minimize disruption to local traffic and to travelling motorists on Union City Blvd.
City Council/RSA Agenda 81 Tuesday, July 25, 2023
Addendum No. 2 – Union City Boulevard Bike Lane and Cargill’s Brine Pipeline Project RFP 3 n. Is traffic signal poles procurement timing considered in the schedule? Yes, we anticipate doing the intersection improvements first (Cargill pipeline and reconstruction of median curb and paving, underground work for pole foundation and conduits, etc.), but not the installation of actual signal system until the poles are procured. o. Is UCB heavily travelled in both directions before 9 am and after 3 pm? Can the working hours be adjusted for the direction?
Based on available 24/7 traffic counts, UCB has peak volumes in both directions both before 9 am and after 3 pm. The scope for CM work will include performing two 24/7 traffic counts to update AM/PM peak volumes to see if changes to working hours can be made.
p. Environmental permitting.
The City does not anticipate needing any environmental services during construction phase, other than compliance with NPDES permit requirements.
4. Additions to RFP
a. Include public outreach – discuss and present proposers’ approach. b. Include two 24/7 traffic counts, analysis, recommendations to potentially change working hours.
c. Construction staking is included as a bid item. You can make suggestions or other recommendations.
a. CM firm should coordinate and lead utility meetings before the project construction commences so that the requirements of the utility companies are incorporated/considered. b. It is a Union Sanitary District requirement to swap non-standard manhole frames/covers with the new standard frames/covers when raising these to grade. USD will provide/swap the replacement MH frames/covers, contractor to coordinate. USD will need a count, ahead of time, to make sure they have the replacement frames.
City Council/RSA Agenda 82 Tuesday, July 25, 2023
Union City Blvd. Bike Lanes,
City Project No. 18-04 and
Brine Pipeline Project
Construction Management Pre-proposal Meeting
Wednesday, April 26, 2023
City Council/RSA Agenda 83 Tuesday, July 25, 2023
2 UCB Bike Lanes and Brine Pipeline Project
Pre-Proposal Meeting for Construction Management
Services RFP
1) Introductions (Union City, Cargill, Consultants & Proposers) 2) RFP & Contractual Requirements
3) Proposal and Construction Schedule
4) Project Overview
▪ Combined Project
▪ Union City Blvd. Bike Lane Project
▪ Cargill Pipeline Project
5) Construction Staging
6) CM Office and Questions
City Council/RSA Agenda 84 Tuesday, July 25, 2023
3 Project Organization
City Council/RSA Agenda 85 Tuesday, July 25, 2023
4 CM RFP and Contractual Requirements
Issue RFP March 20, 2023
Reissue RFP March 21, 2023
Pre-Proposal Conference April 26, 2023 at 9:30 a.m.
Deadline to Submit Questions May 4, 2023 by 5:00 p.m.
IssueAddendem/Clarifications
& Draft PS&E
May 5, 2023 by 5:00 p.m.
Deadline to Submit Proposal May 16, 2023, by 1:30 p.m.
Interviews (If Necessary) June 1, 2023 (Thursday)
▪ RFP Schedule
▪ Prevailing Wage Requirements
▪ City Standard Agreement for Services
▪ Scope and Project Staffing (Hours)
City Council/RSA Agenda 86 Tuesday, July 25, 2023
5 CM RFP and Contractual Requirements
PROJECT FUNDING
Alameda County Transportation Commission (AlaCTC) Funds • 2014 Measure BB
• TFCA (Transportation Funds for Clean Air) Funds
• CMA TIP & Gas Tax (Local Match)
Local Funds
• City’s Measure B/BB and VLF (AlaCTC DLD) Funds
• State Gas Tax and SB-1 Funds
• State/MTC TDA, Article 3 Funds
• Cargill Share (Common Bid Items)
• Others
City Council/RSA Agenda 87 Tuesday, July 25, 2023
6 CM RFP and Contractual Requirements
TASKS DATE
CM Firm On-Board June 13, 2023 City Council
CM Review Final
PS&E/Familiarize June 15, 2023 to June 30, 2023
Bid Opening July 15, 2023
Construction NTP August 15, 2023
Construction Duration August 15, 2023 to April 2025
Project Close-out April 2025 to August 2025
▪ Construction Schedule
City Council/RSA Agenda 88 Tuesday, July 25, 2023
7 PROJECT OVERVIEW
Union City Blvd (UCB) Bike Lanes Project
• Constructs about 2 miles of buffer Class II Bike Lanes by reconstructing median island (Fremont City Limits to Smith Street)
• Rehabilitates UCB pavement within project limits
• Constructs “Complete Streets” improvements at the intersections • Enhances corridor lighting for all modes (pedestrians, bikes, transit & cars) • Improves roadway drainage infrastructure at various locations • Improves access to and from Delaine Eastin Elementary School at Rocklin Dr. • Improves roadway signing and striping (incl. new “Bay Trail” signs) • Other misc. items of work (landscaping, etc.)
Cargill Brine Pipeline Project
• Installs 18-inch underground HDPE brine pipeline within UCB • Installs fiber optic conduit
City Council/RSA Agenda 89 Tuesday, July 25, 2023
8 Project Overview – Combined Project
1) Bike Lane Estimated Construction Cost $15.3 m
2) Cargill Pipeline Estimated Construction Cost $ 4.5 m City Council/RSA Agenda 90 Tuesday, July 25, 2023 Total $19.8 m 9 Project Overview – Bike Lane Project
Widen in median area
Existing Typical Section
City Council/RSA Agenda 91 Tuesday, July 25, 2023 Proposed Widening - Typical Section 10 Project Overview – Bike Lane Project
Typical Pavement Repairs
City Council/RSA Agenda 92 Tuesday, July 25, 2023
11 Project Overview – Bike Lane Project
Multimodal Corridor Lighting
• Replacement of luminaires on existing streetlights with LEDs • Installation of new streetlight poles to provide uniform lighting and eliminate dark spots
City Council/RSA Agenda 93 Tuesday, July 25, 2023
12 Project Overview – Bike Lane Project
“Complete Streets” intersection/Signal Mods
▪ Nine (9) “Complete Streets” Signal Modifications
▪ Dyer Street intersection reconstruction
City Council/RSA Agenda 94 Tuesday, July 25, 2023
13 Project Overview – Bike Lane Project
Landscaping
City Council/RSA Agenda 95 Tuesday, July 25, 2023
14 Project Overview – Bike Lane Project
Potential Fiber Optic Implementation
City Council/RSA Agenda 96 Tuesday, July 25, 2023
15 Project Overview – Cargill Brine Pipeline Project
▪ 18” HDPE Pipeline
▪ 2,450 feet
City Council/RSA Agenda 97 Tuesday, July 25, 2023
16 Cargill Pipeline Project
City Council/RSA Agenda 98 Tuesday, July 25, 2023
17 Cargill Brine Pipeline Project
City Council/RSA Agenda 99 Tuesday, July 25, 2023
18 Cargill Brine Pipeline Project
City Council/RSA Agenda 100 Tuesday, July 25, 2023
19 Project Overview – Cargill Brine Pipeline Project
▪ 18” HDPE Pipeline
▪ 2,450 feet
City Council/RSA Agenda 101 Tuesday, July 25, 2023
20 Cargill Pipeline Project
City Council/RSA Agenda 102 Tuesday, July 25, 2023
21 Cargill Brine Pipeline Project
City Council/RSA Agenda 103 Tuesday, July 25, 2023
22 Cargill Brine Pipeline Project
City Council/RSA Agenda 104 Tuesday, July 25, 2023
23 Construction Staging
City Council/RSA Agenda 105 Tuesday, July 25, 2023
24 Construction Staging
City Council/RSA Agenda 106 Tuesday, July 25, 2023
25 Construction Staging
City Council/RSA Agenda 107 Tuesday, July 25, 2023
26 Construction Staging
City Council/RSA Agenda 108 Tuesday, July 25, 2023
27 Construction Staging
City Council/RSA Agenda 109 Tuesday, July 25, 2023
28 Construction Staging
City Council/RSA Agenda 110 Tuesday, July 25, 2023
29 Union City Blvd Bike Lanes and Brine Pipeline Project
POTENTIAL CM OFFICE LOCATION
Station # 30 Office Space and Conference Room on UCB/Eastin Court
POTENTIAL CONTRACTOR TRAILER/STAGING AREA LOCATION
East Bay Regional Park District lands nearby
City Council/RSA Agenda 111 Tuesday, July 25, 2023
30 Union City Blvd Bike Lanes and Brine Pipeline
CM Proposal Schedule
Issue RFP March 20, 2023
Reissue RFP March 21, 2023
Pre-Proposal Conference April 26, 2023 at 9:30 a.m.
Deadline to Submit Questions May 4, 2023 by 5:00 p.m.
IssueAddendem/Clarifications &
Draft PS&E May 5, 2023 by 5:00 p.m.
Deadline to Submit Proposal May 16, 2023, by 1:30 p.m.
Interviews June 1, 2023 (Thursday)
City Council/RSA Agenda 112 Tuesday, July 25, 2023
31 Union City Blvd Bike Lanes & Brine Pipeline -
Construction Schedule
TASKS DATE
CM Firm On-Board June 13, 2023 City Council
CM Review Final
PS&E/Familiarize June 15, 2023 to June 30, 2023
Bid Opening July 15, 2023
Construction NTP August 15, 2023
Construction Duration August 15, 2023 to April 2025
Project Close-out April 2025 to August 2025
City Council/RSA Agenda 113 Tuesday, July 25, 2023
32 Union City Blvd Bike Lanes and Brine Pipeline Project Questions?
City Council/RSA Agenda 114 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF UNION CITY
AND
PARK ENGINEERING, INC.
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE UNION CITY BOULEVARD BIKE LANE PROJECT
CITY PROJECT NO. 17-29
This Agreement for consulting services is made by and between the City of Union City, a municipal corporation, (“City”) and Park Engineering, Inc., a California Corporation, with offices located at 3960 Adeline Street, #3, Emeryville, CA 94608, (“Consultant”), (together referred to as the “Parties”) as of July 25. 2023 (the “Effective Date”).
Section 1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2025, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time is of the Essence. Time is of the essence. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to timely finish the Scope of Work, to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City concerning any liability arising out of Labor Code Section 1720 et seq.
City Council/RSA Agenda 115 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 2 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Two Million Dollars ($2,000,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; • Project name & number;
• Purchase Order number to expedite payment;
• The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
• At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
• A detailed invoice showing the total number of hours of work and associated costs, for each task, performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; City Council/RSA Agenda 116 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 3 of 14 • Although this Agreement is not required to comply with Alameda CTC local business (“LB”) and small business (“SBE”) requirements, invoice shall include a breakdown of LB and SBE per Alameda CTC guidelines.
• The Consultant’s signature;
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Rate/Fees. Unless the services provided are for a lump sum or flat fee, fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation cost proposal attached hereto as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit B, the Agreement shall prevail.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit C, attached hereto and incorporated herein. Reimbursable expenses not listed in Exhibit C are not chargeable to City. Reimbursable expenses shall not include a mark-up and are billed as a direct costs. In no event shall expenses be advanced by the City to the Consultant. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
City Council/RSA Agenda 117 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 4 of 14
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
2.10. Business License. The Consultant is not authorized to perform services or incur costs whatsoever under the terms of this Agreement until Consultant applies for and has been issued a business license from the City pursuant to Title 5 of the Union City Municipal Code.
Section 3. FACILITIES AND EQUIPMENT. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical construction management office at the City’s Fire Station 30 (conference room, office and restroom) and other physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while performing construction management services. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, telephone or other communication charges, vehicles, and reproduction facilities unless these costs are included in Exhibit B as reimbursable expenses.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Required Coverage. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
COVERAGE TYPE OF INSURANCE MINIMUM LIMITS
A Commercial General
Liability
Premises Liability; Products
and Completed Operations;
Contractual Liability; Personal
Injury and Advertising Liability
$1,000,000 per occurrence;
Bodily Injury and Property
Damage
$2,000,00 in the aggregate;
Commercial general coverage
shall be at least as broad as
Insurance Services Office
Commercial General Liability
City Council/RSA Agenda 118 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 5 of 14 occurrence form CG 0001
(most recent edition) covering
comprehensive General
Liability on an “occurrence”
basis
B Commercial or Business
Automobile Liability
All owned vehicles, hired or
leased vehicles, non-owned,
borrowed and permissive uses.
Personal Automobile Liability
is acceptable for individual
contractors with no
transportation or hauling
related activities
$2,000,000 per occurrence;
Any Auto; Bodily Injury and
Property Damage. Automobile
coverage shall be at least as
broad as Insurance Services
Office Automobile Liability
form CA 0001 (most recent
edition), Code 1 (any auto). No
endorsement shall be attached
limiting the coverage.
C Workers’ Compensation
(WC) and Employers
Liability (EL)
Required for all contractors
with employees
WC: Statutory Limits
EL: $100,000 per accident for
bodily injury or disease.
Consultant may rely on a selfinsurance program to meet those requirements, but only if
the program of self-insurance
complies fully with the
provisions of the California
Labor Code. The insurer shall
waive all rights of subrogation
against the City and its officers,
officials, employees, and
volunteers for loss arising from
work performed under this
Agreement
D Professional Liability/Errors
& Omissions
Includes endorsements of
contractual liability
$1,000,000 per occurrence
$2,000,000 policy aggregate;
Any deductible or self-insured
retention shall not exceed
$100,000 per claim
4.2 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. All required insurance shall be maintained during the entire term of the Agreement with the following exception: Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until three (3) years following termination City Council/RSA Agenda 119 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 6 of 14 and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement b. All insurance required above with the exception of Professional Liability, Personal Automobile Liability, Workers’ Compensation and Employers Liability, shall be endorsed to name as additional insured: City of Union City, its City Council, and all City officers, agents employees, volunteers and representatives.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
e. Certificates of Insurance: Before commencing operations under this Agreement, Consultant shall provide Certificate(s) of Insurance and applicable insurance endorsements, in form and satisfactory to City, evidencing that all required insurance coverage is in effect. The City reserves the rights to require the Consultant to provide complete, certified copies of all required insurance policies.
f. Subcontractors: Consultant shall include all subcontractors as an insured (covered party) under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein. g. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of three (3) years after completion of work under this Agreement.
iv. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
City Council/RSA Agenda 120 Tuesday, July 25, 2023
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4.3 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Insurance shall be maintained through an insurer with a minimum A.M. Best Rating of A- or better, with deductible amounts acceptable to the City. Acceptance of Consultant’s insurance by City shall not relieve or decrease the liability of Consultant hereunder. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Consultant. b. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
c. Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). d. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents and subcontractors.
4.4 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
• Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
With respect to its operations in the performance of Design Professional services when the Services to be provided under this Agreement are to be performed by a “design professional” as that term is defined under Civil Code Section 2782.8, Consultant agrees to indemnify, defend, and hold harmless City, its officers and employees, from and against liability for damanges to the extend caused by Consultant’s recklessness, negligent acts, errors or omissions, or willful misconduct in the performance of services City Council/RSA Agenda 121 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 8 of 14 under this agreement, except such loss or damage caused by the negligence or willful misconduct of the City. Consultant’s defense costs shall not exceed the Consultant’s proportionate percentage of fault.
However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs A. Consultant shall, to the extent permitted by law, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages (excluding claims arising from a professional error or omission), including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages to the extent caused by the professionally negligent acts, errors or omissions of Consultant. Consultant has no obligation to pay for any of City Indemnitees defense related cost prior to a final determination of liability by either a Court of law or third party neutral, or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant, except as provided in Civil Code Section 2782.8(a) and (e).
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the active negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to City Council/RSA Agenda 122 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 9 of 14 control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
City Council/RSA Agenda 123 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 10 of 14 Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City, or Consultant, may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Additional costs may be incurred after the date of written termination in order to package up and complete other pertinent project closeout procedures. City, however, may condition payment of such compensation upon Consultant delivering to City any or all work product, including, but not limited to documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
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Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 11 of 14
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged City Council/RSA Agenda 125 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 12 of 14 shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement.
Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager, or his designee, identified as Marilou Ayupan, Public Works Director ("Contract Administrator"). All correspondence, meeting documation, invoices and project deliverables shall be directed to or through the Contract Administrator.
10.10 Notices. Any written notice to Consultant shall be sent to:
Jaemin Park, President
3960 Adeline Street, #3
Emeryville, CA 94608
Tel: (925) 257-258
[email protected]
City Council/RSA Agenda 126 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 13 of 14 All other written notices to City shall be sent to:
Joan M. Malloy Kristopher J. Kokotaylo,
City Manager City Attorney
City of Union City City of Union City
34009 Alvarado Niles Rd. with a copy to 34009 Alvarado Niles Rd.
Union City, CA 94587 Union City, CA 94587
10.12 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services and Project Schedule
Exhibit B Cost Proposal, Hourly Charge Rate and Reimbursable Expenses Exhibit C Public Works Requirements
10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGE
City Council/RSA Agenda 127 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc. Page 14 of 14 The Parties have executed this Agreement as of the Effective Date.
CITY OF UNION CITY PARK ENGINEERING, INC.
____________________________ ______________________________
JOAN MALLOY, CITY MANAGER
Title: _________________________
ATTEST:
___________________________
ANNA M. BROWN, CITY CLERK
APPROVED AS TO FORM:
____________________________
KRISTOPHER J. KOKOTAYLO
CITY ATTORNEY
5033628.1
Version 3.2.21
President/CEO
City Council/RSA Agenda 128 Tuesday, July 25, 2023
EXHIBIT A
SCOPE OF SERVICES
Park Engineering Team will support the City of Union City by providing construction management, inspection, and materials testing services. The detailed scope of services are as follows:
PRE-CONSTRUCTION SERVICES
1. Perform constructability and bid-ability reviews on contract plans and specifications.
2. Assist with management of the bid process for the City from starting advertisement through the construction bid phase.
3. Work with City staff and the design team on preparation of addendums and answering of bid questions received in a timely manner.
4. Coordinate and participate in pre-bid meeting, review bids, bid bonds, insurance information to assist the City in selecting a qualified bidder for construction.
5. Organize, notify and conduct the pre-construction conference.
6. Work with the design team to ensure all required construction permits are in place.
7. Prepare and work with City personnel regarding initial project notification to businesses and residents. Once construction has begun, provide accurate and timely schedule updates on the progress of the work and anticipated sidewalk and street closures.
8. Prepare and work with City personnel to set up cost segregation and accounting for reimbursement of funds from the various funding sources. Set up a tracking spreadsheet to segregate cost by funding source so that the City will know exactly what funds are being spent on the items of work. We will make sure that all of this information is provided so that when monthly reimbursement invoices are submitted to the funding agencies, there are no questions regarding where the funds are and how much of the work is being covered by each fund.
9. Perform pre-construction public outreach including setting up project website, project social media sites, supporting City’s website for links to project information, outreach meetings and other public information as requested by City.
10. Perform preconstruction drone video including mapping in northbound and southbound directions as requested by City.
11. Perform up to four (4) 24 hour/7-day traffic counts and analysis to determine adequacy of current lane closure requirements. Provide information to update or modify traffic closure charts.
CONSTRUCTION SERVICES
Project Administration
1. Prepare documents for City approval to meet ACTC and State requirements following award of the construction contract.
City Council/RSA Agenda 129 Tuesday, July 25, 2023
2. Act as the single point of contact for all communications and coordination between the contractor, utility companies, regulatory agencies, local businesses and residents, designer, and the City.
3. Maintain close contact with City Project Manager, including sharing all correspondences, to ensure that the City is kept up to date on all project matters.
4. Prepare a monthly progress report to meet the City’s needs in presenting the project’s key issues and updates on cost and schedule status.
5. Manage submittals from the contractor, tracking date submitted, duration for review and making sure that submittals are reviewed and returned within the allotted time to prevent any delays.
6. Coordinate, manage and respond to Requests for Information (RFI’s) submitted by the contractor, including tracking RFI’s sent to the designers and/or other agencies for their timely response.
7. Coordinate and conduct meetings with the contractor, designer and oversight agencies for RFI’s, when appropriate to resolve and clarify complex issues.
8. Coordinate, conduct and summarize weekly progress meetings with the contractor during construction. Meeting may include design team and other oversight agencies.
9. Manage any necessary utility coordination for conflicts or relocation work required.
10. Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, and any other pertinent information in a daily diary for permanent record of events.
11. Monitor contractor’s construction activities for conformance with the approved Water Pollution Control Plan and NPDES General Permit requirements.
12. Maintain and enforce safety awareness for the protection of workers and public.
13. Project daily reports, photographs and video documentation of project progress and major work components will be done on a daily basis and kept for permanent records to support disputes and verify quality for acceptance.
14. Schedule and perform necessary sampling and testing of materials for the project in accordance with the specifications.
15. Park Engineering will use a contract management system, which is based on the Caltrans Construction Manual and Caltrans Local Assistance Procedures Manual. Electronic forms and document control system will be implemented at project start up that can be tailored to fit the needs of the City and other partner, oversight and funding agencies.
16. Park Engineering will receive all contractor correspondence and prepare and transmit responses.
17. We will review and approve contractor submittals required by the construction contract plans and specifications including traffic control plans, Water Pollution Control Plans, and various mix designs.
18. Park Engineering will also review the contractor’s weekly certified payroll for compliance with prevailing wage requirements and conduct labor interviews.
19. Evaluate contractor's change order requests and claims and make recommendations to the City based on the merit and circumstances.
20. Review cost estimates and documentation for any contract change order work.
21. Negotiate and prepare any contract change orders with justification memorandums for the City’s approval.
City Council/RSA Agenda 130 Tuesday, July 25, 2023
22. Prepare quantity calculations, including any contract change orders, and progress pay estimates on a monthly basis.
23. Review contractor’s monthly invoices to verify accuracy and “sign-off” on construction progress pay estimates for City payment approval.
24. Monitor and report on project budget and construction status and provide any necessary info needed for funding reimbursements.
25. Provide construction contract accounting, filing and administration in accordance with City, ACTC, State and Federal requirements.
26. Support all project work with documentation to meet the contract requirements for acceptance.
27. Review contractor’s traffic control plans with City Project Manager and City Departments for acceptability prior to approval.
28. Review contractor’s planned schedule for conformance with the specifications and for reasonableness of the sequence and duration of the activities.
29. Review work progress as compared to the planned schedule and notify contractor of schedule slippage.
30. Prepare and distribute accurate Weekly Statement of Working Day reports to track project time.
31. Identify actual and potential problems associated with the construction project and recommend sound engineering solutions to the City Project Manager.
32. Park Engineering will analyze, negotiate and resolve any potential claims.
Inspection and Materials Testing
1. Work will be tracked in relation to the items of work on the contract with an estimate of hours worked for each activity.
2. Perform all field inspection activities to monitor compliance with the contract plans and specifications. Record all items of work, labor, equipment, materials incorporated, materials tested, traffic control and any other pertinent information in a daily diary for permanent record of events.
3. Inspect the construction elements of the project as required by the construction contract plans and specifications.
4. Take photographs and videos of project progress and major work components on a weekly basis and file for permanent records to support disputes and verify quality for acceptance.
5. Necessary sampling and testing of materials will be performed by AME for the project in accordance with the specifications.
6. Arrange for specialty inspection, such as source inspection to ensure compliance with the contract.
7. Quality Assurance Program (QAP) indicating all the materials testing requirements for the project. All the record keeping and testing frequencies for the materials specified on the project will be listed in this manual and followed through the project. Other materials which do not require testing but can be accepted based on the Certificate of Compliance will be listed in this manual.
8. Analyze records of materials used in the project in accordance with ASTM and California Standard Test Methods.
9. Review test data and materials certifications submitted by the contractor and suppliers for compliance with the contract requirements.
City Council/RSA Agenda 131 Tuesday, July 25, 2023
10. Document & develop deficiency reports on unacceptable work to meet the City’s reporting requirements and ensure that corrective work is completed and documented as such.
11. Maintain and enforce safety awareness for the protection of workers and public.
12. Monitor daily traffic control for both vehicles and pedestrians and modify as necessary to improve public convenience and/or safety.
13. Perform during construction drone video including mapping in northbound and southbound directions as requested by City.
Public and Community Outreach
1. Implement cost-effective outreach methods to disseminate project information and build consensus with key stakeholders.
2. Assist in organization and execution of any public outreach meetings and events.
3. Set up, monitor and update project website, hotline, and social media sites.
4. Work with the City to link City’s website with project sites.
5. Provide accurate and timely project updates on a weekly basis of the work performed and upcoming work.
6. Answer questions from the public concerning the project work and schedule, by meeting them in person (if possible) or at least via e-mail or phone call.
7. Ensure all street closure notifications are posted timely and accurately. And the closures are approved by the appropriate agency prior to implementation. Accordingly, all the signs are posted accurately per approved plans for closures.
8. Coordinate and communicate with adjacent businesses and residents to minimize impacts and maintain a neighborly reputation for the project. Address public concerns on a daily, weekly, and monthly basis, as needed.
9. We will be available to answer questions on an ongoing basis and for any meetings. We will report the current status of the project’s schedule to the City on a daily, weekly and monthly basis through meetings and progress report requests.
ACTC Funding Support
Construction Phase Programming and Reimbursement Assistance for Alameda CTC Funding Assist in organization and execution of any public outreach meetings and events.
1. Facilitation of approvals of documents needed for the obligation and administration of Alameda CTC funding including tracking of funding details, requirements, and milestones.
Documents include but are not limited to:
o Local Business Contract Equity Semi-Annual Reports.
o Semi-Annual Progress Reports.
o TFCA Annual Reports.
o Alameda CTC Project Funding Agreement Amendment Requests, as needed.
2. Reimbursement requests for construction invoices.
3. Closeout document preparation.
Documents include but are not limited to:
o TFCA Final Report.
City Council/RSA Agenda 132 Tuesday, July 25, 2023
o Alameda CTC Final Report.
Bicycle and Pedestrian Advisory Committee (BPAC) Meeting Updates Provide necessary meeting updates and information on the project works as needed and requested by the City.
POST CONSTRUCTION SERVICES
1. Inspect work as it is completed. Develop punch list for any needed corrections as the work progresses.
2. Conduct, review, and follow up on inspection work to assure completion of the contract including any punch list items of work.
3. Perform final inspection of all work for acceptance.
4. Finalize all bid item and change order totals for the project’s Final Progress Payment.
5. Provide recommendation and supporting information to resolve any outstanding potential claims.
6. Work with the contractor’s staff to prepare and transition, official and accurate construction record drawings and Final Reports required.
7. Prepare all required documents for project close-out for the City. We will complete all documents including - Report of Completion, Final Inspection Report, Detailed Estimate and Summary, Change Order Summary, Final Utilization of LBE/VSLBE Contractors, Report of Expenditures, As-builts, and Final Invoice.
8. Perform post construction drone video including mapping in northbound and southbound directions as requested by City.
9. Submit all records and documents to the City upon final completion of the project.
10. Perform any additional services as requested by the City. .
City Council/RSA Agenda 133 Tuesday, July 25, 2023
EXHIBIT B
COMPENSATION SCHEDULE
PARK
VSCE
RE
Deputy RE
CI
CI (OT)
CI
CI (OT)
Name
J Park
T Baxter
C KinserC Kinser
D WhiteD White
AW
OE/Admin 2
Admin 1
ODC
Hourly Billing Rate ==>
249.10
$230.49$181.77$272.66$172.70$259.05
197.50 130.00 103.00
TASK
TASK 1 - PRE CONSTRUCTION PHASE
Data gathering/constructibility review 100 20 16
Setup project files/accounting
system/janiitorial 20 8 8 8
Pre-Bid and pre-construction meeting 16 8 8 4 160 160
Pre constructuion photos and documentation 16 40
Subtotal Hours Task 1 116 64 72 4 160 8 168
Subtotal Cost Tasl 1 $28,896 $14,751 $13,087 $691 $31,600 $1,040 $17,304 $
-
TASK 2 - CONSTRUCTION PHASE
Traffic Analyis
Public Outreach 392 112 $1,840
Meetings/correspondences - Contractors 200 80
Meetings/correspondences -
Designers/City/Cargill 100 40
Project corespondence/coordinate w/PM 100 20
Utilty coordination 80 80
Office Engineer/Document control 60 120 732
Material testing 40 40
Schedule/Monthly contractor's
updates/invoices 120 120
Monitor project safety 20 20
Labor and SWPPP compliance 40 60
City Council/RSA Agenda 134 Tuesday, July 25, 2023
PARK
VSCE
RE
Deputy RE
CI
CI (OT)
CI
CI (OT)
Name
J Park
T Baxter
C KinserC Kinser
D WhiteD White
AW
OE/Admin 2
Admin 1
ODC
Hourly Billing Rate ==>
249.10
$230.49$181.77$272.66$172.70$259.05
197.50 130.00 103.00
TASK
Field inpsection 2544 100 1500 40
Inspector's office time- daily reports, Q
verifications 240 150
Submittals 200 160
RFI & RFC 200 160
Change orders 160 160
Dispute mitigation/resolution 100 60
Video and Documentation
Subtotal Hours Task 2 1420 1120 2784 100 1650 40 392 732 112 Subtotal Cost - Task 2 $353,722 $258,149 $506,127 $27,266 $284,955 $10,362 $77,420 $95,160 $11,536 $ 1,840 TASK 3 - POST CONSTRUCTION PHASE
Final inspection 16 24
Verifying as-builts 16 8 40 8
final project filing and accounting close-out 24 24 16
Final pay item & project close-out 16 16
Subtotal Hours Task 3 72 48 64 8 16
Subtotal Cost Task 3 $17,935 $11,064 $11,633 $1,382 $2,080 $
-
TOTAL HOURS 1608 1232 2920 100 1662 40 552 756 280
TOTAL COMPENSATION $400,553 $283,964 $530,768 $27,266 $287,027 $10,362 $109,020 $98,280 $28,840 $ 1,840 City Council/RSA Agenda 135 Tuesday, July 25, 2023
APPLIED MATERIALS
WINTERS CONSULTING
GREY-BOWEN
TJKM
CHRARDELLI
TOTAL
Classification
==>
Name
T&MT&MT&MT&MT&M
Hourly Billing Rate ==>
TASK
TASK 1 - PRE CONSTRUCTION PHASE
1.1 Data gathering/constructibility review $32,428
1.2 Setup project files/accounting
system/janiitorial
$7,928
1.3 Pre-Bid and pre-construction meeting $56,054
1.4 Pre constructuion photos and documentation $10,959
Subtotal Hours Task 1 592
Subtotal Cost Tasl 1 $107,369
TASK 2 - CONSTRUCTION PHASE
2.1 Traffic Analyis $12,000 $12,000
2.2 Public Outreach $90,796
2.3 Meetings/correspondences - Contractors $68,259
2.4 Meetings/correspondences -
Designers/City/Cargill $34,130
2.5 Project corespondence/coordinate w/PM $29,520
2.6 Utilty coordination $38,367
2.7 Office Engineer/Document control $137,765
2.8 Material testing $150,000 $169,184
2.9 Schedule/Monthly contractor's
updates/invoices $15,000 $30,000 $102,551
2.10 Monitor project safety $9,592
2.11 Labor and SWPPP compliance $23,793
2.12 Field inpsection $759,101
2.13 Inspector's office time- daily reports, Q
verifications $69,530
2.14 Submittals $86,698
2.15 RFI & RFC $86,698
2.16 Change orders $76,734
2.17 Dispute mitigation/resolution $38,739
City Council/RSA Agenda 136 Tuesday, July 25, 2023
APPLIED MATERIALS
WINTERS CONSULTING
GREY-BOWEN
TJKM
CHRARDELLI
TOTAL
Classification
==>
Name
T&MT&MT&MT&MT&M
Hourly Billing Rate ==>
TASK
2.2 Video and Documentation $15,000.00 $15,000
Subtotal Hours Task 2 8350
Subtotal Cost - Task 2 $150,000 $15,000 $30,000 $12,000 $15,000 $1,848,537 TASK 3 - POST CONSTRUCTION PHASE
3.1 Final inspection $ 8,348.08
3.2 Verifying as-builts $14,481.92
3.3 final project filing and accounting close-out $ 13,590.16
3.4 Final pay item & project close-out $ 7,673.44
Subtotal Hours Task 3 208
Subtotal Cost Task 3 $ - $ - $ - $ - $ 44,094
TOTAL HOURS 9150
TOTAL COMPENSATION $150,000 $15,000 $ 30,000 $ 12,000 $ 15,000 $2,000,000.00 City Council/RSA Agenda 137 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc.
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight hours during any one calendar day, and forty hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight hours during any one calendar day and forty hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight hours during any one calendar day and forty hours during any one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made available on request. The Consultant and subcontractors engaged in the performance of the services described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the services described in Exhibit A.
B. In accordance with Labor Code Section 1775, the Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply Labor Code Section 1775, which establishes a penalty of up to $50 per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a subcontractor worker engaged in performance of the services described in Exhibit A City Council/RSA Agenda 138 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc.
is not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of the services described in Exhibit A to employ for the services described in Exhibit A any City Council/RSA Agenda 139 Tuesday, July 25, 2023
Consulting Services Agreement between
City of Union City and Park Engineering, Inc.
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for which no minimum wage rate has been determined by the Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of wages specified therein for the classification which most nearly corresponds to services described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
DIR REGISTRATION
Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as set forth in Labor Code section 1771.1. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to California Labor Code Section 1725.5. Consultant agrees, in accordance with Section 1771.4 of the California Labor Code, that if the work under this Agreement qualifies as public work, it is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
City Council/RSA Agenda 140 Tuesday, July 25, 2023
RESOLUTION NO. XXXX-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSULTING
SERVICES AGREEMENT WITH PARK ENGINEERING, INC., IN THE
AMOUNT OF $2,000,000, FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE UNION CITY BOULEVARD BIKE LANES PROJECT,
CITY PROJECT NO. 17-29
WHEREAS, the Alameda County Transportation Commission (Alameda CTC) administers funding programs and projects 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, on April 27, 2017, the Alameda CTC Commission approved the award of an $8,800,000 grant to the Union City Boulevard Bikes Lanes Project, City Project No. 17-29; and
WHEREAS, on October 9, 2017, Union City received the executed Alameda CTC Project Funding Agreement No. A17-0125 in the amount of $8,800,000 grant funded with 2014 Measure BB, CMA TIP, TFCA (Transportation Fund for Clean Air Programs) and a required local match of $1,000,000 (Gas Tax) for Final Design, Right of Way and Construction Phases for Union City Boulevard Bikes Lanes Project, City Project No. 17-29; and
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 5613- 20, in the amount of approximately $1.4 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), to amend the list of projects for FY 2020-2021, to include pavement rehabilitation and improvements in various locations including Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on June 8, 2021, the City Council adopted a Resolution No. 5768- 21, adopting a List of Projects for FY 2021-2022, in the amount of approximately $1.5 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations including Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on June 14, 2022, the City Council adopted Resolution No. 5951- 22, adopting a List of Projects for FY 2022-2023, in the amount of approximately $1.6 million, funded by SB 1: The Road Repair and Accountability Act of 2017 (Fund 2515), which included pavement rehabilitation and improvements in various locations to include the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and WHEREAS, on May 23, 2023, the City Council adopted Resolution No. 6123-23 City Council/RSA Agenda 141 Tuesday, July 25, 2023
Resolution No. XXXX-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; and WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 6152- 23, accepting $1.8 million from the 2024 Comprehensive Investment Program (CIP) Grant Funds from the Alameda County Transportation Commission (Alameda CTC) for the Union Boulevard Bike Lanes (Phase III, Complete Streets) Project, City Project No. 17-29, increasing the revenue projections in the Capital Projects Fund (Fund 4100) by $1.8 million, appropriating $1.8 million to Project No. 17-29, earmarking $450,000 of previously approved SB-1 funds (Fund 2515) 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; and
WHEREAS, on July 11, 2023, the City Council adopted a Resolution No. 6160- 23, adopting a List of Projects for FY 2023-2024, in the amount of approximately $1.7 million, funded with SB-1: The Road Repair and Accountability Act of 2017 (Fund 2515), which includes, among the various projects, the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and
WHEREAS, the project will complete over a two (2) mile gap with buffer Class II bikes lanes along Union City Boulevard (UCB) from Alameda County Flood Control Channel (Fremont) to Smith Street and will serve as the San Francisco Bay Trail in Union City. The improvements also include the rehabilitation of the pavement within the project limits. The project will include “Complete Street” improvements at all intersections including traffic signal modifications, a new multi-purpose trail along UCB adjacent to Delaine Eastin Elementary School, providing direct access for students who bike or walk to school and a right-turning lane into the school, streetlight modifications, roadway drainage improvement and landscape improvements at various locations; and WHEREAS, on March 24, 2023, the City of Union City released a Request for Proposal (RFP) for Construction Management Services for the Union City Boulevard Bike Lanes Project and the Cargill Brine Pipeline Project followed by the issuance of Addendum No. 1, dated April 11, 2023, and Addendum No. 2, dated May 10, 2023, see Exhibit A; and
WHEREAS, a Pre-Proposal Meeting for interested construction management firms was held on April 26, 2023 at the Mark Green Sports Center, see Exhibit B; and WHEREAS, in early May 2023, the Design Consultant (Kimley-Horn Associates) submitted the Final Design Plans and Specifications for review by the City, the Cargill design teams, and interested construction management firms. The submittal also included an updated Construction Cost of $16.8 million for the Union City Boulevard Bike Lanes Project, City Project No. 17-29; and City Council/RSA Agenda 142 Tuesday, July 25, 2023
Resolution No. XXXX-23
WHEREAS, on May 16, 2023, the City of Union City received four (4) proposals from Consor PMCM, Inc., Ghirardelli Associates, MNS Engineers, Inc., and Park Engineering. Interviews were held on June 15, 2023, with the selection panel consisting of Public Works staff and a representative from Cargill and the panel selected Park Engineering, Inc. because of their project understanding, local knowledge, similar project experience, having in-house/local inspectors, and favorable reference checks; and WHEREAS, Park Engineering, Inc. will be the single point of contact for the Pre-Construction, Construction and Post-Construction phases (August 2023-December 2025) of this $16.8 million project and the construction management services will include preforming a constructability and bid-ability reviews of the Plans, Specifications and Costs, assisting with contract bid process, project administration, managing the daily activities of the Prime Contractor, holding weekly meetings, reviewing and coordinating material submittals, RFIs and change orders with the design team, coordinating with utility companies, other agencies, businesses and residents, assisting with public meetings and outreach, reviewing progress reports & construction schedule, perform and monitor all field inspections, review test data, analyze records, assist with implementing stages construction set up for various phases, oversee post construction services including project close-out and preparation of As-Builts Plans; and WHEREAS, the Consulting Services Agreement with Park Engineering, Inc. for Construction Management Services, in the amount $2,000,000, will be funded with $1,136,000 from the Alameda CTC Project Funding Agreement No. A17-0125 in the Capital Projects Fund (Account Number 4100-3199-91729-54110) for Union City Boulevard Bike Lanes Project, $214,000 from the Measure B ACTC Bike and Ped Fund (Account Number 2543-3199-91729-54110) and $650,000 from the SB-1 Road Maintenance and Rehabilitation Account (RMRA) Fund (Account Number 2515-3199- 91729-54110), which were budgeted in the approved Five-Year Capital Improvement Plan (CIP) for Fiscal Year 2023-2024 to Fiscal Year 2027-2028 for the Union City Boulevard Bike Lane Project, City Project No. 17-29.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager to execute a Consulting Services Agreement with Park Engineering, Inc., of Emeryville, CA, in the amount of $2,000,000, for construction management services for the Union City Boulevard Bikes Lanes Project, City Project No. 17-29.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of July 2023, by the following vote:
City Council/RSA Agenda 143 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING LOCAL SUPPORT FOR UNION CITY TRANSIT TO PARTICIPATE IN THE CLIPPER® START PILOT PROGRAM EXTENSION THROUGH JUNE 30, 2025, AND APPROVING AN INCREASE TO THE CLIPPER® START PILOT PROGRAM DISCOUNT FROM TWENTY
PERCENT (20%) TO FIFTY PERCENT (50%), EFFECTIVE JANUARY1, 2024 Staff recommends that the City Council adopt a resolution approving local support for Union City Transit to participate in the Clipper® START Pilot Program extension through June 30, 2025, and approving an increase to the Clipper® START Pilot Program discount from twenty percent (20%) to fifty percent (50%), effective January 1, 2024.
STRATEGIC PLAN ALIGNMENT
There is no direct alignment with the Strategic Plan goals.
BACKGROUND
In May 2018, the Metropolitan Transportation Commission (MTC) adopted Resolution No. 4320, establishing the framework for the Regional Means-Based Transit Fare Pilot Program. Branded as Clipper® START, the regional means-based transit discount program seeks to increase access to opportunity and improve transportation affordability for adult transit passengers who earn a lower income. Program information is available online at clipperstartcard.com. The Clipper® START program was launched between July 2020 and January 2021 on twenty-one (21) of the Bay Area’s twenty-seven (27) transit operators. The program offers either a twenty percent (20%) or fifty percent (50%) discount on an adult one (1)-way fare for eligible program participants who earn under 200% of the federal poverty level. MTC reimburses participating transit operators half of the fare revenue loss.
On October 27, 2020, City Council approved Resolution No. 5679-20 which gave our local support for Union City Transit’s participation in Clipper® START with a twenty percent (20%) fare discount through December 31, 2021. Due to the ongoing COVID-19 pandemic and overall low transit ridership, MTC approved an eighteen (18)-month pilot extension. On July 27, 2021, City Council approved Resolution No. 5806-21 which extended Union City’s participation in the pilot program through June 30, 2023.
City Council/RSA Agenda 144 Tuesday, July 25, 2023
DISCUSSION
During the on-going pilot period, MTC has evaluated the program to assess the program design, development and impacts on improving mobility, affordability, and access to opportunities. This evaluation identified potential strategies to increase program reach, improve customer experience and reduce administrative costs. Key findings included denser enrollment rates in equity priority communities, more interest in varied Clipper® START products such as accumulator passes, and the need for a comprehensive marketing approach to reach underrepresented demographics.
As a next step, MTC recommends extending the pilot program for a twenty-four (24)-month period through June 30, 2025. This extension will allow MTC to conduct additional feasibility, benefits, and risk analysis of the potential strategies as transit ridership continues to recover from the COVID-19 pandemic. To date, Clipper® START ridership on Union City Transit has been relatively low at 1,084 total rides as of May 31, 2023. MTC would continue an extensive regional marketing effort to support and improve the reach of the Clipper® START program, including direct mail advertising and partnering with Community Based Organizations to conduct on-site events.
Currently, seven (7) of the participating twenty-one (21) transit agencies offer a fifty percent (50%) discount.
Fourteen (14) transit agencies (including Union City Transit) offer a twenty percent (20%) discount. MTC has recommended that transit operators go to the fifty (50%) discount level (effective January 1, 2024) to encourage increased program participation and regional discount uniformity. Many transit agencies that currently offer a twenty percent (20%) discount are recommending to their respective governing boards that their discount increase to fifty percent (50%).
Under the current program, a Union City Transit adult one (1)-way fare of $2.00 costs a Clipper® START participant $1.60 with MTC reimbursing $0.20 of the reduced fare and no further contribution from Union City Transit. Continuing with this model and an anticipated reimbursement of $15,000, it would require 75,000 unique one (1)-way trips before the MTC contribution is exhausted. Under the proposed program change, a Union City Transit adult one (1)-way fare of $2.00 would cost a Clipper® START participant $1.00 with MTC reimbursing $0.50 of the reduced fare and no further contribution from Union City Transit; continuing with this model and an anticipated reimbursement of $15,000 would require 30,000 unique one (1)-way trips before the MTC contribution is exhausted. Based on the current ridership of 1,084 total rides after thirty (30) months of Union City Transit participating in the program, staff do not foresee an issue with an increase in the discount.
Union City Transit continues to offer a twenty percent (20%) discount through Clipper® START even after the June 30, 2023, pilot extension expiration in anticipation of continuing with the next version of the pilot program.
Staff sees value in Union City Transit continuing to participate in the Clipper® START pilot program and to change the discount for eligible participants from twenty percent (20%) to fifty percent (50%) starting January 1, 2024.
FISCAL IMPACT
There will be no impact to Union City Transit funding unless the program exceeds 30,000 one (1)-way trips during the pilot extension period. MTC reimburses fifty percent (50%) of Union City Transit’s revenue loss with regional Low Carbon Transit Operations Program (LCTOP) funds which are separate from the annual LCTOP program approved by City Council Resolution No. 6112-23 on April 25, 2023. To reduce financial risk and to simplify the processing of reimbursement for operators, MTC proposes an upfront payment for the twenty-four (24)-month extension. The funding distribution details will be finalized later in Summer 2023, but the current program reimbursement has been sufficient for Union City Transit fare revenues. Staff anticipates that the proposed reimbursement of $15,000 will be more than enough to cover any expected revenue loss during the Clipper® START extension period. There will be no impact on the General Fund.
City Council/RSA Agenda 145 Tuesday, July 25, 2023
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving local support for Union City Transit to participate in the Clipper® START Pilot Program extension through June 30, 2025; and approving an increase to the Clipper® START Pilot Program discount from twenty percent (20%) to fifty percent (50%), effective January 1, 2024.
Prepared by:
Wilson Lee, Project Specialist
Submitted by:
Steve Adams, Transit Manager
ATTACHMENTS:
Description Type
Resolution Resolution
City Council/RSA Agenda 146 Tuesday, July 25, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING LOCAL SUPPORT FOR UNION CITY TRANSIT TO PARTICIPATE IN THE CLIPPER® START PILOT PROGRAM EXTENSION THROUGH JUNE 30, 2025, AND APPROVING AN INCREASE TO THE CLIPPER® START PILOT PROGRAM DISCOUNT FROM TWENTY PERCENT (20%) TO FIFTY PERCENT (50%), EFFECTIVE JANUARY 1, 2024 WHEREAS, the Metropolitan Transportation Commission (MTC) is the regional transportation planning agency for the San Francisco Bay Area pursuant to Government Code Section 66500 et seq.; and
WHEREAS, transit affordability has been highlighted as a regional issue in MTC’s Coordinated Plan, Plan Bay Area and other plans; and
WHEREAS, MTC has established the regional framework for the Regional Means-Based Transit Fare, branded Clipper® START, Pilot Program to improve transit affordability and access to opportunity for eligible low-income residents; and
WHEREAS, MTC has adopted a regional framework for the program, with participating operators, funding guidelines, and program conditions, pursuant to MTC Resolution No. 4320, Revised, to guide implementation of the Clipper® START Pilot Program for an eighteen (18)- month period spanning Fiscal Year 2020-21 and Fiscal Year 2021-22; and WHEREAS, on October 27, 2020, the Union City City Council approved Resolution No. 5679-20 which gave support for Union City Transit to participate in the Clipper® START Pilot Program; and
WHEREAS, on July 27, 2021, the Union City City Council approved Resolution No. 5806-21 to extend Union City’s participation in the Clipper® START Pilot Program through June 30, 2023; and
WHEREAS, MTC has recommended extending the program for a twenty-four (24)-month period through June 30, 2025, during which period MTC will conduct additional feasibility, benefits and risk analysis of the program, as well as continued marketing of the program; and WHEREAS, there will be no impact to Union City Transit funding unless the program exceeds 30,000 one (1)-way trips during the pilot extension period and there will be no impact to the General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby adopts a resolution approving local support for Union City Transit to participate in the Clipper® START Pilot Program through June 30, 2025; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves an increase to the Union City Transit Clipper® START Pilot Program discount from City Council/RSA Agenda 147 Tuesday, July 25, 2023
Resolution No. XXXX-23
twenty percent (20%) to fifty percent (50%) for an adult one (1)-way fare for eligible program participants beginning January 1, 2024.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 25th day of July 2023, by the following vote:
City Council/RSA Agenda 148 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE FOR ZONING TEXT AMENDMENT AT-23-003 TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08,
DEFINITIONS, CHAPTER 18.36, COMMERCIAL DISTRICTS, CHAPTER
18.40, INDUSTRIAL DISTRICTS, CHAPTER 18.76, SITE DEVELOPMENT REVIEW, ADD CHAPTER 18.43, USE OF HAZARDOUS MATERIALS, AND
FIND THAT THE AMENDMENT IS EXEMPT FROM ENVIRONMENTAL
REVIEW IN ACCORDANCE WITH CEQAGUIDELINES SECTION
15061(B)(3)
Staff recommends that the City Council 1) waive the reading of the full text of the ordinance, 2) conduct the second reading of the title of the proposed ordinance, and 3) adopt the ordinance approving Zoning Text Amendment AT-23-003 and find that the amendment is exempt from environmental review in accordance with CEQA guidelines section 15061(b) (3).
The City Council held a public hearing and introduced the Ordinance at its July 11, 2023, meeting on a 5-0 Vote. The proposed zoning text amendments associated with AT-23-003 are included in Exhibit A (Clean) and B (red-lined) of Attachment 1.
STRATEGIC PLAN ALIGNMENT
The proposed amendments are in alignment with the following:
Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
Goal C. Strategy 1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
City Council/RSA Agenda 149 Tuesday, July 25, 2023
Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)
BACKGROUND
As part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community,” staff developed design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development. As part of the effort to develop these standards, staff determined that there needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts. As a result, amendments are proposed which modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use.
The majority of the updates are focused on Chapter 18.40, Industrial Districts, which include the General Industrial (MG), Light Industrial (ML), and Special Industrial (MS) Zoning Districts. These districts make up the majority of the City’s industrialareas. Additionalamendments are also proposed to other chapters in Title 18, Zoning, for consistency.
Staff is also proposing amendments to Chapter 18.76, Site Development Review, to make the Planning Commission the decision maker for Site Development Review applications. The proposed amendments also update applicability. These amendments are not directly related to the other proposed amendments but are included since they are critically important to streamlining the development review process, which is a City Council priority in the Strategic Plan.
For a detailed overview of the prior actions, see City Council Staff Report dated July 11, 2023, which can be accessed on-line at:
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3961&MeetingID=1635
DISCUSSION
A high-level summary of the text amendments is included below. To review the text amendment language, see attached Exhibit A (Clean) and Exhibit B (Redlines) of Attachment 1.
A. Chapter 18.08, Definitions
The amendments to Chapter 18.08 add definitions for new and existing uses, to better clarify what operations are covered by the use.
B. Chapter 18.36, Commercial Districts
The amendments to Chapter 18.36 update a reference to the Use of Hazardous Materials section which has been made its own chapter (Chapter 18.43) as part of these amendments.
C. Chapter 18.40, Industrial Districts
The amendments to Chapter 18.40 modify and standardize uses, update development and performance standards, establish objective design standards, and reformat the chapter for ease of use and consistency.
Due to the substantial scope of the update, Chapter 18.40 will be repealed and replaced.
D. Chapter 18.43 Use of Hazardous Materials
The amendment would relocate the existing requirements listed in Chapter 18.40 Article IV, Use of Hazardous Materials, to a new chapter (Chapter 18.43 Use of Hazardous Materials). The requirements contained in that section apply to additional districts beyond those referenced in Chapter 18.40 (i.e., MG, City Council/RSA Agenda 150 Tuesday, July 25, 2023
ML, MS) including the Station East Employment (SEE) Zoning District. For this reason, along with the reformatting of Chapter 18.40, these requirements were included in their own chapter. Additionally, the amendments incorporate a newly added Corridor Mixed-Use Employment (CMUE) Zoning District E. Chapter 18.76 Site Development Review
Staff is proposing updates to Chapter 18.76, Site Development Review, to require the Site Development Review (SDR) process apply to allzoning districts. Previously, the Zoning Ordinance did not include the Civic Facilities (CF) Zoning District in the list of zoning districts where SDR applied. An exception has been added exempting City-owned projects on City-owned land. Additionally, Planning staff has provided direction to evaluate having the Planning Commission be the decision-making body for Site Development Review approvals instead of the City Council. The City Council would still retain the ability to call the project up on appeal for their review. Staff is developing a process to alert the City Council to Planning Commission actions so they are aware and can exercise this right. This change would further streamline project reviews, align our process with those in neighboring jurisdictions, and provide an appeal process for the public. It also reflects how Site Development Reviews were previously reviewed before an update in 2006.
FISCAL IMPACT
No fiscal impacts to the General Fund would result from adoption of the proposed zoning text amendments.
RECOMMENDATION
Staff recommends that the City Council 1) waive the reading of the full text of the ordinance, 2) conduct the second reading of the title of the proposed ordinance, and 3) adopt the ordinance approving Zoning Text Amendment AT-23-003 and find that the amendment is exempt from environmental review in accordance with CEQA guidelines section 15061(b) (3).
Prepared by:
Brandon H DeLucas, Associate Planner
Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Draft City Council Ordinance Ordinance
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
City Council/RSA Agenda 151 Tuesday, July 25, 2023
Attachment 1
ORDINANCE NO. XXXX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING ZONING TEXT AMENDMENT AT-23-003 TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08, DEFINITIONS, CHAPTER 18.36, COMMERCIAL DISTRICTS, CHAPTER 18.40, INDUSTRIAL DISTRICTS, CHAPTER 18.76, SITE DEVELOPMENT REVIEW, AND ADD CHAPTER 18.43, USE OF HAZARDOUS MATERIALS
WHEREAS, as part of the implementation of Strategic Plan Goal C.1, which states “Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community”, staff developed design criteria and performance standards to ensure future industrial developments are well-designed and accommodate a variety of flex-industrial uses including office and research and development; and WHEREAS, during the effort to develop these standards, staff determined that there needed to be a more comprehensive update to address use classifications, outdated performance standards, and the need to reformat the chapter to ensure that use categories were consistent and standardized across all districts; and
WHEREAS, this comprehensive update has modified and standardized uses, updated development and performance standards, established objective design standards, and reformatted the chapter for ease of use and consistency with other chapters in Title 18; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 of the Union City Municipal Code, Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter 18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials. These amendments modify and standardize uses, update development and performance standards, establish objective design standards, streamline approval processes, and reformat the chapters for ease of use and consistency with other chapters in Title 18; and
PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-23-003 on June 15, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report and Desk Item City Council/RSA Agenda 152 Tuesday, July 25, 2023
Ordinance # XXXX-23
dated June 15, 2023 and all written and oral testimony, and adopted Resolution No. 11-23 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and
CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on July 11, 2023, at which time all interested parties had the opportunity to be heard.
The City Council considered a staff report dated July 11, 2023 and July 25, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to Title 18 of the Municipal Code as shown in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, a red-lined version of the amendment is shown in Exhibit B, which is attached hereto and incorporated herein by reference.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.
SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.
1. The proposed Municipal Code Amendments are consistent with the General Plan,
2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.
SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapter 18.08, Definitions, Chapter 18.36, Commercial Districts, Chapter 18.40, Industrial Districts, Chapter 18.76, Site Development Review, and add Chapter 18.43, Use of Hazardous Materials, as shown in attached Exhibit A, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application City Council/RSA Agenda 153 Tuesday, July 25, 2023
Ordinance # XXXX-23
of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
City Council/RSA Agenda 154 Tuesday, July 25, 2023
EXHIBIT A
Chapter 18.08 DEFINITIONS
18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.
18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.
18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.
18.08.074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.
Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.
18.08.075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.
18.08.076 Bicycle parking facility.
A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.
18.08.077 Bingo games.
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games City Council/RSA Agenda 155 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 2
shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.
18.08.078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.
18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.
These services include copying, printing, mailing, design, data processing and sign shops, etc.
18.08.175 Conference center.
A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.
18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.
18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.
18.08.178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.
Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.
18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”
18.08.246 Engineering and design services.
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.
City Council/RSA Agenda 156 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 3
18.08.266 Food Truck.
A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.
18.08.267 Gas station marketeer.
A “gas station marketeer” is:
A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.
B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.
18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.
18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.
18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.
18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.
18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.
18.08.486 Payday loan facility.
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as City Council/RSA Agenda 157 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 4
collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.
18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.
CHAPTER 18.36 COMMERCIAL DISTRICTS
18.36.050 Required conditions.
H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Chapter 18.43 of this title.
Chapter 18.40 is repealed and replaced in its entirety.
CHAPTER 18.40 INDUSTRIAL DISTRICTS
18.40.010 Purpose
The Industrial Districts are as follows:
General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.
Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.
Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.
18.40.020 Land use regulations—Industrial Districts
City Council/RSA Agenda 158 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 5
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older
AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted City Council/RSA Agenda 159 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Service stations - UP -
Subject to the following
conditions:
1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides
2. Pump Island shall be
located not closer than twenty
(20) feet to any property line
3. No sale of alcoholic
beverages or food products
4. No service station
marketeer
COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 160 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.
UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 161 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal
P UP UP
City Council/RSA Agenda 162 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 163 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 164 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts
INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 165 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P
INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies
UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops
UP UP -
Printing, lithographing, and
engraving P P P
OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 166 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.
RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter
18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P
UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 167 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment
UP UP -
Excluding any operations
which entail the recycling of
hazardous materials
MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44
18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table
18.40.020 when located on the same lot are permitted.
B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table
18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.
18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.
B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.
C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 168 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.
F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.
18.40.050 Development standards.
A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
City Council/RSA Agenda 169 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 16
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.
Landscaping
minimum 10% 10% 15%
18.40.060 Supplemental standards
A. Permitted obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050.
2. Pedestrian paths.
3. Street access driveways and associated curbing.
4. Parking and loading facilities in side and rear yards not adjoining a street.
5. Signage in conformance with Chapter 18.30.
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
7. Walls and fences subject to the provision under Section 18.40.060(C).
8. Landscaping and landscape features as provided for in Section 18.40.060(E).
9. Public art.
B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
C. Wall and fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
City Council/RSA Agenda 170 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 17
2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.
7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.
Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
F. Landscaping
City Council/RSA Agenda 171 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 18
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.
3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements.
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages.
18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:
City Council/RSA Agenda 172 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 19
Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and
1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and
1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and
1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150
1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.
7. Parking structures.
City Council/RSA Agenda 173 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 20
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
18.40.080 Bicycle parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
City Council/RSA Agenda 174 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 21
18.40.090 Design criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker
2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
3. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)
3. Other Metal
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted
5. Brick, natural clay colors;
6. Stone
City Council/RSA Agenda 175 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 22
7. Pre-cast concrete, glass-fiber reinforced concrete
8. High-quality, cast-in-place concrete
9. Ceramic tile
10. Cement plaster
11. Wood.
Chapter 18.43: Use of Hazardous Materials
18.43.010 Purpose.
Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.
18.43.020 Standards.
The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.
18.43.030 Hazardous materials classifications.
Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:
A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.
For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.
18.43.040 Definition of hazardous materials facilities.
A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.
B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, City Council/RSA Agenda 176 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 23
pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.
C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.
Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.
D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.
E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.
F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.
Containers may be handled individually, palletized, or unitized for purposes of transportation.
Packaging types may include cylinders, drums, boxes, or bottles.
G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.
Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.
H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyCity Council/RSA Agenda 177 Tuesday, July 25, 2023 Exhibit A (AT-23-003), Page 24
five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
18.43.045 Quantity range definitions.
Range
Number
Range Amounts
1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.
2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.
3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.
4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.
5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.
18.43.050 Use table for on-site storage of hazardous materials.
Where indicated with the letters “AUP,” the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a “P,” the use is permitted. Where indicated with a dash (–), the use is not allowed.
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
City Council/RSA Agenda 178 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 25
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.
Bulk Plant - - - - -
Bulk Distribution UP - - - -
City Council/RSA Agenda 179 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 26
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.
A. Table notes.
1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.
2. Above-ground storage tanks for the storage of hazardous materials utilized in the day-today operations of a permitted or conditional use within an Industrial or Mixed-Use Employment District shall require Administrative Site Development Review if visible from the public way. All above-ground storage tanks shall be adequately screened from off site.
3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.
4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids City Council/RSA Agenda 180 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 27
and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan. c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.
5. Ammonia refrigeration systems are subject to the provisions of this chapter.
B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed projects in all districts established under Title 18: Zoning.
B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
C. The site development review procedure shall not apply to City projects on City-owned properties.
18.76.030 Application, fees and exhibits.
A. An application for a site development review shall be made to the Planning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
City Council/RSA Agenda 181 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 28
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director.
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the Planning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
City Council/RSA Agenda 182 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 29
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission decision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.095 Site development review modifications.
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.
Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing City Council/RSA Agenda 183 Tuesday, July 25, 2023
Exhibit A (AT-23-003), Page 30
to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 184 Tuesday, July 25, 2023
EXHIBIT B
Chapter 18.08 DEFINITIONS
18.08.045 Automobile rental.
“Automobile rental” means a facility engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.
18.08.047 Automobile sales.
“Automobile sales” means a facility engaged in the retail sales and services of new automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. Accessory sales of used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles may be permitted.
18.08.060 Automobile wrecking yard.
See “salvage yard” definition.
18.08.073 Bank and financial institutions.
“Bank and financial institutions” means an establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.). This use does not include check cashing businesses as defined in Section 18.08.168 or payday loan facility as defined in Section 18.08.486.
18.08.073 074 Bar.
“Bar” means a business where alcoholic beverages (including beer, wine, liquor, and mixed drinks) are sold for on-site consumption as a primary use, which is not part of a larger full service/sit down restaurant.
Includes taverns, wine bars, pubs, lounges, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.
18.08.074 075 Bed and breakfast establishment.
“Bed and breakfast establishment” means a building of residential character containing no more than five (5) sleeping units for rent by tourists on a temporary basis not to exceed a stay exceeding fourteen (14) calendar days in any month. A bed and breakfast establishment may also serve meals to guests as part of the guest fee and shall provide for a resident-manager.
18.08.075 076 Bicycle parking facility.
A “bicycle parking facility” is a device that is used to securely store bicycles. A bicycle parking facility can either be a bicycle locker or rack designed and installed in conformance with the design criteria listed in Section 18.28.080 or 18.28.090.
18.08.076 077 Bingo games.
City Council/RSA Agenda 185 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 2
“Bingo games” means the establishment of a game of chance open to the public in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random in accordance with Section 326.5 of the California State Penal Code and Chapter 5.32 of the Union City Municipal Code. For the purposes of the zoning ordinance, bingo games shall include conduct of such games as either the primary use of land or as a use that is accessory to a primary use of land.
18.08.077 078 Biotechnology.
“Biotechnology” is the industrial use of living organisms (or parts of living organisms) in applications in medicine, agriculture, or other products. Biotechnology can include fermentation and plant and animal hybridization, which may include animal testing, protein separation technologies, and genomics and combinational chemistry.
18.08.156 Business services.
“Business services” means a facility that provides support services for businesses or the public for a fee.
These services include copying, printing, mailing, design, data processing and sign shops, etc.
18.08.175 Conference center.
A “Conference center” means a facility for conventions, conferences, trade shows, festivals, and other events held within a facility designed and approved for this purpose.
18.08.176 Construction equipment sales and rental.
“Construction equipment sales and rental” means a facility which provides construction equipment and related commodities to the public for sale or rental, and accessory servicing of that equipment.
18.08.177 Contractor services.
“Contractor services” means a facility providing general contracting and/or building construction services, including general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.
18.08.175 178 Convenience market.
“Convenience market” means an activity that includes the retail sale of food, beverages, and personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and in a building of less than three thousand (3,000) square feet.
Convenience markets may sell beer and wine but shall be considered liquor stores if hard liquor is sold on site. Excluded from this definition are delicatessens, specialty food shops, and establishments which have a sizeable assortment of fresh fruits and vegetables and fresh cut meat.
18.08.190 Director.
“Director” means Economic and Community Development Director. The Director is the executive head of the Office of Economic and Community Development Department appointed by the City Manager to administer the zoning title. The Director also functions as the “Zoning Administrator.”
18.08.246 Engineering and design services.
City Council/RSA Agenda 186 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 3
“Engineering and design services” means an establishment primarily engaged in engineering and drafting services including architectural services. Usually includes office and drafting equipment, including blueprint machines.
18.08.266 Food Truck.
A ‘Food Truck” means any motorized vehicle or trailer used as a mobile vending vehicle that sells food or beverages in the operation of a business.
18.08.266 267 Gas station marketeer.
A “gas station marketeer” is:
A. An enclosed area located on a gasoline service station site, where merchandise that is not considered accessory to the normal operation and maintenance of automobiles is sold. This merchandise includes convenience food items such as sodas, nonalcoholic beverages, chips, cookies, ice cream, and other snack items and also nonfood items.
B. Additionally, the use of refrigerated display cases to which the general public has access constitutes a marketeer. However, a service station may have up to four (4) coin-operated vending machines and may sell cigarettes over the counter only without being considered a marketeer.
18.08.291 Incubator Space
“Incubator Space” means a facility managed by a third-party that helps startup companies and individual entrepreneurs develop their businesses by providing services such as mentorship and advice, office or lab space, access to investors or capital, equipment, networking and learning opportunities.
18.08.396 Maker space.
“Maker space” means a facility where shared manufacturing tools, such as 3-D printers, laser cutters, and traditional arts and crafts supplies, are used for the fabrication, of physical products and not for mass production.
18.08.401 Manufacturing and assembly.
“Manufacturing and assembly” means a use that is principally devoted to manufacturing processes and may include accessory research and development, administrative, and warehousing activities.
18.08402. Manufacturing process.
“Manufacturing process” means the fabrication, processing, assembly, or blending of organic or inorganic materials and/or substances into new products.
18.08.403 Media production studio.
“Media production studio” means a facility for the production of motion pictures, television, video, sound, graphics and other communications. Accessory uses include incidental rehearsal and broadcasting uses; however, use does not include transmission towers. This may also include incidental office use, retail sales, and indoor storage of equipment related to the recording uses.
18.08.486 Payday loan facility.
City Council/RSA Agenda 187 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 4
“Payday loan facility” means a facility primarily engaged in the business of advancing funds to customers in situations where the customer uses their entitlement to a future paycheck from some other source as collateral for the loan, and for which the customer pays a fee (percentage or otherwise) for the advancement.
18.08.487 Personal services.
“Personal services” means a use providing services of a personal convenience including beauty salons, barber shops, dressmaking/tailoring, hair removal, nail salons, photographic and portrait studios, shoe repair shops, travel agency, and similar uses. Excluded from this definition are massage, check cashing, and any other personal service type use specifically listed within district regulations.
18.08.520 Salvage yard.
A “salvage yard” includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
CHAPTER 18.36 COMMERCIAL DISTRICTS
18.36.050 Required conditions.
H. Other provisions of this chapter notwithstanding, all storage, handling or other use of hazardous materials shall be subject to the provisions of Sections 18.40.410 through 18.40.450Chapter 18.43 of this title.
Chapter 18.40 is repealed and replaced in its entirety.
CHAPTER 18.40 INDUSTRIAL DISTRICTS
18.40.010 Purpose
The Industrial Districts are as follows:
General Industrial (MG): The purpose of the MG District is to provide space for a broad range of light to heavy industrial uses, including manufacturing, transportation, warehousing, and distribution uses. It is applied where unsightliness, noise, odor, traffic, and the hazards associated with certain industrial uses will not impact residential, commercial, schools, other less intense use areas.
Light Industrial (ML): The purpose of the ML District is to provide space for light manufacturing, assembly, and distribution of manufactured products, R&D facilities, industrial supply, incidental warehousing, offices, parking, and supportive sales, which evidence no or very low nuisance characteristics. The ML District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness, or hazardous materials manufacturing or storage are undesirable. Performance standards are applied to ensure minimum potential for adverse effects, that any unavoidable adverse effects are contained on-site, and that the general objective of a high standard of property and use maintenance is met.
City Council/RSA Agenda 188 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 5
Special Industrial (MS): The purpose of the MS District is to provide space for lightest industrial operations, including limited manufacturing, assembly, distribution of manufactured products, R&D facilities, incidental industrial supply, incidental warehousing, offices, and supportive sales, as well as limited commercial uses along major arterials. The MS District promotes high quality industrial and office park developments. The district applies to areas where nuisance characteristics of noise, odor, traffic generation, unsightliness or hazardous materials storage or handling are avoided, and almost all uses will be conducted entirely within enclosed buildings.
18.40.020 Land use regulations—Industrial Districts
Table 18.40.020 Land use regulations—Industrial Districts sets the land use regulations for the Industrial Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.40.020 may be permitted. In making this determination, the findings required under Section
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted within a permanent building.
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
ASSEMBLY, EDUCATION AND RECREATION
Conference center - - UP
Fitness and recreational
facilities - - UP
Hotel - UP UP
Including accessory
commercial and business
services uses
Professional trade schools
and colleges - - UP Limited to programs serving persons 18 years or older
AUTOMOBILE
Automobile rentals - P P
Automobile repair and service - UP -
Including auto body and paint
shops
City Council/RSA Agenda 189 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 6
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Automobile sales of new
vehicles - - UP Accessory used vehicles sales and service uses permitted Service stations - UP -
Subject to the following
conditions:
1. All operations except the
sale of fuel and oil shall be
conducted in a building
enclosed on at least three (3)
sides
2. Pump Island shall be
located not closer than twenty
(20) feet to any property line
3. No sale of alcoholic
beverages or food products
4. No service station
marketeer
COMMERCIAL SERVICES
Banks and financial
institutions - - UP
Business services - P UP
Child day care center - - UP
When conducted as an integral
part of a main building or on a
proximate site/campus and
where the parent(s) or
guardian(s) of children using
such facility remain on site, or
on a proximate site
Food service - - UP Excluding Drive-through uses
Live music (non-amplified) - - AUP
At food service uses and
subject to the provisions of
Section 18.36.195(A)
Outdoor dining areas - - AUP
At food service uses and
subject to the provisions listed
in Section 18.36.190
Food truck P P -
On private property, with
property owner permission
and up to 2 hours
INDUSTRIAL – MANUFACTURING AND ASSEMBLY
Building martials and products
Manufacturing and assembly
of prefabricated structures P P -
City Council/RSA Agenda 190 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 7
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of porcelain and ceramic
products including bathroom
and kitchen fixtures and
equipment
P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly
of building paper and building
board
P - -
Manufacturing and assembly
of building materials not
elsewhere listed in this table.
UP UP -
Chemicals and allied products manufacturing
Manufacturing of candle and
paraffin products P UP UP Excluding the rendering of products Manufacturing and assembly
of pharmaceuticals and
products from the life
sciences and biotechnology
industries
P P P
Manufacturing of soap,
detergents, and cleaning
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing of perfumes,
cosmetics, and other toiletries
preparations
P UP -
Excluding the refining or
rendering of fats and oils
Manufacturing and assembly
of plastic and rubber
products,
P UP UP Excluding tire manufacturing
Electronic, mechanical, and scientific equipment
Manufacturing, assembly, and
repair of electrical and neon
signs including billboards and
commercial advertising
structures
P P -
Manufacturing and assembly
of scientific instruments and
devices, computer hardware
and software,
semiconductors, and
computer chips
P P P
Manufacturing and assembly
of medical equipment P P P
City Council/RSA Agenda 191 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 8
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of, optical goods, watches and
clocks, musical instruments
and camera and photographic
equipment
P P P
Manufacturing and assembly
of machinery, appliances and
fixtures
P UP -
Fabricated metal products
Finishing and plating of metal
products - UP -
Machine shops P P UP
Excluding the use of drop
hammers or punch presses
with a rated capacity of over
twenty (20) tons
Manufacturing and assembly
of fabricated metal products
not elsewhere listed in this
table
P P -
Manufacturing and assembly
of Transportation Equipment SEE BELOW
Assembly of bicycles P P P
Assembly of mass transit
equipment P UP -
Manufacturing and
assembly of motor
vehicles, trailers,
motorcycles, and
associated parts and
equipment not elsewhere
listed in this table
P UP -
Manufacturing and
assembly of mass transit
equipment
P - -
Manufacturing and assembly
of products from previous
prepared materials such as
precious or semi-precious
metal
P UP UP
City Council/RSA Agenda 192 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 9
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of structural steel iron and
pipe including bars, girders,
and rails
P - -
Food and kindred products
Breweries, distilleries, and
wineries P P AUP
On-site tasting rooms for
Breweries, distilleries, and
wineries
- AUP AUP
Including accessory food
service. Outdoor dining areas
subject to the provisions listed
in Section 18.36.190
Indoor farming and
cultivation P P -
Excluding the cultivation of
cannabis or other controlled
substances
Manufacturing and bottling of
Beverages P P Including soft drinks and water
Manufacturing and packing of
bread, bakery, confectionery
and related products
P P -
Manufacturing and packing of
food products P P P
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats,
oils
Manufacturing and packing of
food products P P -
Including processes such as
baking, cooking, roasting,
pasteurization and extraction
Processing and packing of
Dairy products P - -
Processing and packing of
Meat products UP - - Excluding slaughtering
Sugar refining P - -
Furniture and fixtures
Manufacturing and assembly
of Cabinets
P P P
Manufacturing and assembly
of Household and office
furniture, and fixtures
P P -
Leather and allied products
City Council/RSA Agenda 193 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 10
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of leather products and
associated dyeing
P UP - Excluding tanning and curing
Lumber and wood products
Lumber yards UP* UP -
*Outdoor operations only
permitted in the MG Zoning
District
Manufacturing and assembly
of wooden and cork products,
not elsewhere listed in this
table
P P -
Sawmills UP - -
Paper, printing, publishing, and allied industries
Manufacturing and assembly
of paper and pulp goods not
listed elsewhere in this table
P UP -
Publishing, printing, and
binding of newspapers,
periodicals, books, cards,
forms, blank books and
circulars
P P UP
Stone, clay, and glass products
Gravel, rock and cement yards UP - -
Including batch plans, and
outdoor operations
Fabrication of concrete
products P UP - Excluding batch plants
Manufacturing and assembly
of artisan products P P P Including glass, tile and clay Manufacturing and assembly
of glass and pottery products P P -
Kilns shall be fired only by gas
or electricity
Manufacturing and assembly,
including cutting, polishing,
and setting of jewelry
products and products from
precious or semi-precious
stone
P P P
Textile mill products
City Council/RSA Agenda 194 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 11
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Manufacturing and assembly
of textile products including
apparel, not elsewhere listed
in this table
P* P* P
*Accessory dyeing and
finishing only Permitted in the
MG and ML Zoning Districts
INDUSTRIAL - WAREHOUSE, WHOLESALE AND DISTRIBUTION
Cold Storage uses that do not
exceed 100,000 square feet UP UP -
Warehouse, wholesale and
distribution uses within
buildings which were built, or
approved by the Economic
and Community Development
Department, prior to August
22, 1996
- P -
Warehouse, wholesale and
distribution uses up to
twenty-five (25,000) within
buildings built since August
22, 1996
- P -
Warehouse, wholesale and
distribution uses over 25,000
square feet within buildings
built since August 22, 1996;
provided, that they either: (1)
generate sales tax revenues
as a point of sale, and/or (2)
Supports an existing Union
City manufacturing or
assembly use with a valid
business license
- AUP -
Warehouse, wholesale, and
distribution uses that do not
exceed then thousand
(10,000) square feet
- - P
City Council/RSA Agenda 195 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 12
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Warehouse, wholesale, and
distribution uses that do not
exceed twenty-five thousand
(25,000) square feet;
provided, that they either
serve as a point of sale for
taxable goods and/or
supports an existing Union
City manufacturing or
assembly use with a valid
businesses license
- - P
INDUSTRIAL SERVICES
Construction equipment sales
and rentals - P P
Construction equipment
sales and rentals with
accessory service and/or
outdoor storage
- AUP -
Contractor services P P P
Contractor services with
accessory outdoor storage
of equipment or supplies
UP UP -
Incubator spaces AUP AUP
Maker space P P P
Media production studios P P P
Painting, enameling,
lacquering, welding, and
sandblasting shops
UP UP -
Printing, lithographing, and
engraving P P P
OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional
offices
P P UP Excluding medical offices
Engineering and design
services and related facilities P P P
Medical offices - - UP
City Council/RSA Agenda 196 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 13
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Research and development
services and related facilities P P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
Veterinarian offices and small
animal hospitals - P UP
Including short-term overnight
boarding of animals for
medical purposes.
RETAIL
Commercial cannabis use - P P
Subject to the zoning
requirements of Chapter
18.117 and the licensure and
regulatory requirements of
Chapter 5.44
Retail catalog and mail order
houses with warehouse and
distribution center that serve
as a point of sales
P P P
Retail sales of office or
business products, specialty
electronics, household
furnishings, appliances, etc
- - P
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P P
Retail stores incidental to and
on the same site with a
permitted or conditionally
permitted use
- P P
UTILITIES AND WASTE FACILITIES
Cogeneration plants UP - -
Public utilities, power
stations, electric substations,
service groups, and storage
tanks
P P P
Provided they are fenced and
landscaped
City Council/RSA Agenda 197 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 14
Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Recycling facilities with
accessory outdoor dropoff/sorting and storage of
equipment
UP UP -
Excluding any operations
which entail the recycling of
hazardous materials
MISCELLANEOUS USES
Civic facilities P P P
Industrial planned unit
development UP UP UP Consistent with the requirements of Chapter 18.44
18.40.030 Accessory uses
A. Accessory structures and uses customarily incidental to any of the permitted uses listed in Table
18.40.020 when located on the same lot are permitted.
B. Accessory structures and uses customarily incidental to any of the conditional uses listed in Table
18.40.020 when located on the same lot are permitted only upon the granting of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
D. Accessory structures and uses shall be located within the area of the lot allowed for principal structures and uses and shall conform to the required front, side and rear yard setbacks.
18.40.040 Performance standards
A. New or substantially modified industrial buildings shall be designed to limit warehouse, wholesale and distribution activities to a maximum of seventy-five percent (75%) of the gross floor area of the building with the remaining floor area used for assembly, manufacturing, research and development, sales, showrooms or office uses. This requirement can be waived by the decision maker if it can be found that the new or modified building will further the goals and policies of the Economic Development Element of the City’s General Plan.
B. No use shall be permitted which creates odors, noise, vibration, heat, glare, or electrical disturbance detectable by the human senses without the aid of instruments, beyond the boundaries of the site. However, such uses may be approved by the decision maker, if they specifically find that the use will not result in substandard conditions or otherwise have a detrimental effect on the surrounding properties.
C. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but not be limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 198 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 15
including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
D. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
E. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.40.090.
F. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials and shall be enclosed within the building or within an enclosure meeting the requirements of Section 7.04.55.
18.40.050 Development standards.
A. Table 18.40.050, Development standards—Industrial Districts, prescribes the development standards for Industrial Districts.
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Site area,
minimum One acre 20,000 Square feet 20,000 Square feet
Lot coverage,
maximum 75% 60% 60%
FAR, maximum .75 1.0 1.0
Front Yard
setback,
minimum
25 feet 25 feet 25 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Interior side
yard setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Street side yard
setback,
minimum
10 feet 10 feet
Arterial. A minimum yard
of twenty-five (25) feet
shall be required from the
ultimate right-of-way line,
Other streets. A minimum
yard of ten (10) feet shall
be required from the
ultimate right-of-way line,
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
Rear yard
setback,
minimum
10 feet 10 feet 10 feet
50 feet when the front street frontage abuts on any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
City Council/RSA Agenda 199 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 16
Table 18.40.050 Development standards—Industrial Districts Standard Industrial District
General Industrial (MG) Light Industrial (ML) Special Industrial (MS) Maximum
height 100 feet
50 feet. This height limit
may be increased to a
maximum of seventy-five
(75) feet where the
decision maker finds that
the increase is necessary
to provide a more
beneficial site layout or
will result in public
benefits/amenities that
could not be achieved
under current zoning
standards.
40 feet. This height limit
may be increased to a
maximum of fifty-five (55)
feet where the decision
maker finds that the
increase is necessary to
provide a more beneficial
site layout or will result in
public benefits/amenities
that could not be achieved
under current zoning
standards.
Landscaping
minimum 10% 10% 15%
18.40.060 Supplemental standards
A. Permitted obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050.
2. Pedestrian paths.
3. Street access driveways and associated curbing.
4. Parking and loading facilities in side and rear yards not adjoining a street.
5. Signage in conformance with Chapter 18.30.
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
7. Walls and fences subject to the provision under Section 18.40.060(C).
8. Landscaping and landscape features as provided for in Section 18.40.060(E).
9. Public art.
B. Signage. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
C. Wall and fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
City Council/RSA Agenda 200 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 17
2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground, except that tubular streel fences with a maximum height of eight (8) feet may be allowed but shall be setback at least 20 feet from the property line.
5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. When explicitly permitted per Table 18.40.020, Any use not conducted entirely within an enclosed structure, shall be screened by a solid wall, not less than six (6) feet or greater than ten (10) feet in height. No materials or equipment shall be stored to a height greater than that the wall.
7. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the city prior to installation.
Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
F. Landscaping
City Council/RSA Agenda 201 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 18
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that meet the minimums as provided for in Table 18.40.050 for the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the Site development review process.
3. All other areas not utilized for structures or paving shall be landscaped unless otherwise authorized by the decision maker because of site constraints, existing or adjacent site conditions, or phased development.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages.
18.40.070 Off-street parking and loading
A. Off-street parking. For each building constructed or use established, off-street parking shall be provided according to the following standards:
Table 18.40.070 Off-street parking
Use Minimum off-street parking requirements
City Council/RSA Agenda 202 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 19
Office 1.0 space / 300 square feet
Research and development, laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet, and
1.0 Truck/Trailer space / 10,000 square feet
Warehouse, distribution and storage 1.0 Space / 1000 Square feet, and
1.0 Space/ 300 Square feet of at least 25% of the gross floor area of the building and
1.0 Truck/Trailer space / 10,000 square feet
Other uses See Section 18.36.150
1. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
2. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
3. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
4. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
5. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
6. When determined necessary by the decision maker to reasonably serve the anticipated use, visitor parking, in addition to the above requirements, shall be provided.
7. Parking structures.
City Council/RSA Agenda 203 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 20
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
B. Off-street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
18.40.080 Bicycle parking
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Table 18.40.080 Bicycle Parking
Use Short-term bicycle
parking requirements
Long-term bicycle
parking requirements
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development, lab
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
Manufacturing,
warehouse, distribution
and Storage
1.0 space/20,000 square feet
Minimum of 2 spaces
1.0 space/ 7,000 square feet
Minimum of 2 spaces
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
D. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.40.090 Design criteria
City Council/RSA Agenda 204 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 21
A. Architectural standards. Buildings shall be designed with a contemporary or “Modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. To minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials; and
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the decision maker
2. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
3. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
4. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%).
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized)
3. Other Metal
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted
5. Brick, natural clay colors;
6. Stone
7. Pre-cast concrete, glass-fiber reinforced concrete
City Council/RSA Agenda 205 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 22
8. High-quality, cast-in-place concrete
9. Ceramic tile
10. Cement plaster
11. Wood.
Chapter 18.43: Use of Hazardous Materials
18.43.010 Purpose.
Other provisions of this chapter and Title 15 notwithstanding, all use of hazardous materials shall be as regulated herein. Hazardous materials are substances which are capable of posing risk to health, safety property or the environment. The hazard potential of a substance is based on its chemical properties, on the quantity of the material at a site, how it is stored and how it is used. The intent of this chapter is to reduce or eliminate hazards to the general public, including sensitive receptors, resulting from the potentially inappropriate location of facilities that use or store hazardous materials.
18.43.020 Standards.
The permitted on-site quantities and uses of hazardous materials shall be as listed in Table 18.43.050.
18.43.030 Hazardous materials classifications.
Hazard categories or classifications are defined in current Fire Code and Appendices for the City of Union City. Additional definitions are based on the definitions in Article I of Chapter 8.35 of the U.S. Department of Transportation (DOT) Code of Federal Regulations (CFR), Title 49, Parts 100 to 177, and in the Hazardous Materials Table, 49 CFR, Part 172.101, and as the foregoing may be amended. Hazardous materials classifications are listed below:
A. Group A representing those materials that pose a higher risk; B. Group B representing those materials that pose a more moderate risk; and C. Group C representing those materials that pose the least risk to health, safety, or property.
For purposes of this chapter, the table and table notes in Section 18.43.050 identify the categories of hazardous materials for each group.
18.43.040 Definition of hazardous materials facilities.
A. Bulk Plant (BP). Hazardous materials at the bulk plant level are manufactured, processed, or packaged but are not used on-site. Materials may be stored in large containers, railcars, tankers, drums, or cylinders. Bulk plant quantities are larger than the amount transported in or out in any single shipment.
B. Bulk Distribution Plant (BD). Hazardous materials at the bulk distribution plant level are collected, repackaged, and/or blended prior to being transported to other facilities. Materials are transported to the site in unpackaged form and are transferred to storage containers by hose, pipeline or conveyor belt from railcars, tankers, large containers or drums. Materials are stored until transported out as finished or semi-finished products.
City Council/RSA Agenda 206 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 23
C. Large User Site (LU). Hazardous materials at a large user site are used as part of on-site operations.
Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases.
D. Large Storage Plant (LS). Hazardous materials at the large storage plant level are stored until they are distributed to other facilities. On-site storage of hazardous materials exceeds the following quantities: two hundred thousand (200,000) pounds for solids, twenty thousand (20,000) gallons for liquids, and eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes or portable tanks.
E. Medium User Site (MU). Hazardous materials at the medium user site are used as part of on-site operations. Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials is between twenty-five thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases.
F. Medium Storage Plant (MS). Hazardous materials at the medium storage plant are stored until they are distributed to other facilities. On-site storage of hazardous materials is between twentyfive thousand (25,000) to two hundred thousand (200,000) pounds for solids, two thousand seven hundred fifty (2,750) to twenty thousand (20,000) gallons for liquids, and ten thousand (10,000) to eighty thousand (80,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another takes place on site.
Containers may be handled individually, palletized, or unitized for purposes of transportation.
Packaging types may include cylinders, drums, boxes, or bottles.
G. Small User Site (SU). Hazardous materials at a small user site are used as part of on-site operations.
Materials are stored and used in various sized containers. Container size will vary depending on the nature of the on-site operations. Hazardous materials are used in processes to obtain finished goods which are not hazardous materials which then may be used on-site or shipped out. On-site storage of hazardous materials does not exceed twenty-five thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases.
H. Small Storage Plant (SS). Hazardous materials at the small storage plant site are stored until they are distributed to other facilities. On-site storage of hazardous materials does not exceed twentyfive thousand (25,000) pounds for solids, two thousand seven hundred fifty (2,750) gallons for liquids, and ten thousand (10,000) cubic feet at STP for compressed gases. Materials are warehoused in closed containers. No transfer of materials from one container to another shall City Council/RSA Agenda 207 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 24
take place on-site. Containers may be handled individually, palletized, or unitized for purposes of transportation. Packaging types may include cylinders, drums, boxes, or bottles.
18.43.045 Quantity range definitions.
Range
Number
Range Amounts
1. Up to and including 500 pounds for solids, 55 gallons for liquids and 200 cubic feet at NTP for compressed gases.
2. Between 500 and 5,000 pounds for solids, 55 and 550 gallons for liquids and 200 to 2,000 cubic feet at NTP for compressed gases.
3. Between 5,000 and 25,000 pounds for solids, 550 and 2,750 gallons for liquids and 2,000 to 10,000 cubic feet at NTP for compressed gases.
4. Between 25,000 and 50,000 pounds for solids, 2,750 and 5,500 gallons for liquids and 10,000 to 20,000 cubic feet at NTP for compressed gases.
5. More than 50,000 pounds for solids, 5,500 gallons for liquids and 20,000 cubic feet at NTP for compressed gases.
18.43.050 Use table for on-site storage of hazardous materials.
Where indicated with the letters “AUP,” the use requires an administrative use permit. The administrative use permit procedure is described in Chapter 18.54. Where indicated with the letters “UP,” the use requires a use permit. The use permit procedure is described in Chapter 18.56. Where indicated with a “P,” the use is permitted. Where indicated with a dash (–), the use is not allowed.
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Group A chemicals and materials*: Class 3 and 4 oxidizers, compressed gases (corrosive, highly toxic, toxic, pyrophoric, unstable), cryogens (highly toxic, toxic, corrosive, pyrophoric, unstable), explosives and blasting agents, germ cell mutagenicity materials, highly toxic materials, materials that in contact with water emit flammable gas, organic peroxides (unclassified, Class I and Class II), pyrophoric materials, radioactive materials (gamma emitters), self-heating materials, self-reactive materials, unstables/reactives (Class 3 and Class 4), water reactive materials (Class 3) Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
City Council/RSA Agenda 208 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 25
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Large Storage Plant UP UP UP UP UP
Medium User Site UP UP UP UP UP
Medium Storage Plant UP UP UP UP UP
Small User Site AUP AUP AUP AUP AUP
Small Storage Plant AUP AUP AUP AUP AUP
Group B chemicals and materials*: Carcenogenic materials, combustible dust, compressed gases (flammable and oxidizing), corrosive liquids and solids, cryogens (flammable and oxidizing), flammable liquids, flammable solids, organic peroxide materials (Class III, Class IV, Class V), oxidizing materials (Class 1 and Class 2), radioactive materials (alpha and beta emitters), reproductive toxicity materials, target organ toxins, toxic materials, unstable/reactive materials (Class 1 and Class 2), water reactive materials (Class 1 and Class 2)
Bulk Plant - - - - -
Bulk Distribution - - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
Medium User Site P P AUP AUP AUP
Medium Storage Plant P P AUP AUP AUP
Small User Site P P P P P
Small Storage Plant P P P P P
Group C chemicals and materials*: combustible liquids and solids, compressed gases (inerts), cryogens (inerts), irritant materials, materials identified as hazard not otherwise classified, and sensitizer materials.
Bulk Plant - - - - -
Bulk Distribution UP - - - -
Large User Site UP UP UP UP UP
Large Storage Plant UP UP UP UP UP
City Council/RSA Agenda 209 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 26
Table 18.43.050 Use table for on-site storage of hazardous materials Type of Facility
Zoning District
MG ML MS SEE CMUE
Medium User Site P P P P P
Medium Storage Plant P P P P P
Small User Site P P P P P
Small Storage Plant P P P P P
* All chemical and material types listed above are included for reference purposes only. Final determination of hazard classification will be made by the Environmental Programs Division.
A. Table notes.
1. Hazardous materials belonging to more than one (1) group or hazardous classification are subject to the regulations of the more stringent group or category.
2. Above-ground storage tanks for the storage of hazardous materials utilized in the day-today operations of a permitted or conditional use within an Industrial or Mixed-Use Employment District shall require Administrative Site Development Review if visible from the public way. All above-ground storage tanks shall be adequately screened from off site.
3. When a use permit or administrative use permit is required, in addition to the findings required under Chapter 18.56 or 18.54, respectively, the decision maker shall consider the recommendation of the Fire Department and the Environmental Programs Division based upon an evaluation of current codes, ordinances and referenced standards in conjunction with the following information: an inventory of all hazardous materials to be used or stored on site, a materials safety sheet (MSS) for each of the hazardous materials to be used on site, a list of equipment which utilizes or contains hazardous materials, information on the building construction type and information on the proposed method of handling and disposal of hazardous materials, as well as any mitigation features designed to reduce the level of risk posed by the hazardous materials.
4. The following exemptions from the requirements of this chapter shall apply:
a. Storage, use or handling of the following gases in any quantities, whether in a gaseous, liquefied or cryogenic physical state: air (non-enriched), argon, helium, krypton, neon, nitrogen, and xenon. This exemption does not apply to bulk plants or bulk distribution plants.
b. Storage, use or handling of hazardous materials in quantities less than fifty-five (55) gallons, five hundred (500) pounds, and two hundred (200) cubic feet, for liquids, solids and gases respectively. This exemption does not apply to acutely hazardous materials and extremely hazardous substances, as defined in the Code of Federal Regulations and the California Health and Safety Code, which may require a CUPA permit from the Environmental Programs Division or preparation of a Risk Management Plan.
City Council/RSA Agenda 210 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 27
c. Radioactive materials that are licensed, sealed sources, used for instruments, calibration devices and similar equipment, and materials exempted from regulation by the United States Nuclear Regulatory Commission.
d. On-site retail sales of common household hazardous materials in containers sized and packaged for use by the general public.
5. Ammonia refrigeration systems are subject to the provisions of this chapter.
B. Table qualifiers. In addition to the regulations set forth in this chapter, all storage and use of hazardous materials must be in conformance with the provisions of Federal, State, and local laws and regulations, Uniform Codes and referenced standards, as may be amended.
Chapter 18.76 Site Development Review
18.76.010 Purpose.
Site development review is intended to promote orderly, attractive and harmonious development and the stability of land values and investments and the general welfare, by preventing the establishment of uses or the erection or maintenance of structures having unsightly, undesirable or obnoxious qualities which are not properly related to their sites, surroundings and traffic circulation in the vicinity, or which would not meet the specific intent clauses or performance standard requirement of the zoning title.
18.76.020 Applicability.
A. The site development review procedure shall apply to all proposed uses projects in the following districtsall districts established under Title 18: Zoning.
Residential districts;
Hillside combining (-H) district;
Commercial (CPA, CN, CS, CC, CVR) districts;
Station East Employment (SEE) district;
Corridor Mixed Use (CMU) district;
Marketplace Mixed Use (MMU) district;
Station East Mixed Use Residential (SEMU-R) district;
Village Mixed Use (VMU) district;
Station Mixed Use Commercial (CSMU) district;
Union Landing Commercial (CUL) district;
Private Institutional (PI) district;
Industrial (MS, ML, MG) districts;
Agricultural (A) district;
City Council/RSA Agenda 211 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 28
Civic Center design control (CCDCD) district;
Landmark and Historic Preservation (LHP) Overlay Zone.
Q.B. The site development review procedure shall apply to all projects enumerated in subsection A of this section unless determined by the Director to qualify for administrative site development review as provided in Chapter 18.72.
R.C.The site development review procedure shall not apply to City projects on City-owned properties.
18.76.030 Application, fees and exhibits.
A. An application for a site development review shall be made to the City Council Planning Commission on a form prescribed by the Director which shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property or is the authorized agent of the owner;
3. Address or description of the property;
4. Statement indicating the precise manner of compliance with each of the applicable provisions of this title together with any other data pertinent to the findings prerequisite to the granting of a site development review prescribed in this chapter; B. The application shall be accompanied by the items identified in the Formal Application Checklist as prescribed by the Director. The application shall be accompanied by the following items:
1. A mailing list on mailing labels of adjacent property owners and/or occupants for the purpose of providing notice of the pending application.
2. A site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on the site plan. The site plan shall show existing and proposed locations of streets, utilities, and drainage facilities, property lines, structures, driveways, pedestrian walks, off-street parking and off-street loading facilities and landscaped areas. The site plan shall be drawn to scale and shall indicate clearly and with full dimension the following information:
a. The registration number and signature of person or persons preparing the plan; b. Parcel dimension in distance and bearings;
c. All existing and proposed building and structures—location, size, height and proposed uses, including front, side and rear elevations of proposed buildings showing architectural detail and exterior materials;
d. Existing and proposed elevation and contours of lots and buildings; e. Yards and open spaces between buildings;
City Council/RSA Agenda 212 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 29
f. Walls and fences—location, height, and materials;
g. Off-Street Parking. Location, number of spaces, dimension or parking area, and internal circulation pattern, yard lighting and landscaping; h. Access. Pedestrian, vehicular, service, points of ingress and egress, internal circulation, design and improvements;
i. Street dedication and improvements, existing and proposed, if any; j. Proposed storm drainage plan with substantiating calculations; k. All existing trees which are twelve (12) inches or greater in circumference measured at thirty-six (36) inches above grade: type, size, location, dripline, condition and indication if tree is being saved or removed;
l. Complete landscape plan pursuant to the landscape standards policy statement; m. Site plans for other than residential uses shall contain the following additional information:
i. Signs. Locations, size, height, types of materials and lighting, ii. Loading. Location, dimensions, number of spaces and internal circulation, iii. Lighting. Location and general nature.
3. Such other data, such as cross-sections, soils reports, arborist report, and a statement of use as may be required under the circumstances of each application to permit the City Council to make the required findings.
C. The application shall be accompanied by a fee in an amount established by resolution of the City Council.
D. All applications for site development review shall be filed through the Director for review and approval or disapproval by the City CouncilPlanning Commission prior to the issuance of any building permits.
18.76.040 Investigation.
The Director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth.
Such investigations shall include reports, upon referral, to other departments of the City, and any other public agency or district concerned.
If, in the opinion of the Director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the Director, with the consent of the applicant, may refer the application for investigation and report to one or more expert consultant(s) who shall report in writing to the Director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for services of the consultant(s).
City Council/RSA Agenda 213 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 30
At the conclusion of such investigation, the Director shall prepare a report thereon which shall be submitted to the Planning Commission and City Council.
18.76.045 Findings for approval.
A. All of the following findings are required for approval of a site development review:
1. Approval of this application is consistent with the General Plan and any applicable specific plans;
2. Approval of this application is consistent with the purposes of this title and the requirements of the district in which the site is located;
3. Approval of this application is consistent with the purpose of site development review as outlined in Section 18.76.010.
B. A site development review may be revocable and may be granted subject to such conditions as are necessary to support the above findings.
C. The above findings are also required for any approval on appeal, or approval of a modification to a site development review.
18.76.050 Planning Commission public hearing—Notice.
The Planning Commission shall hold a public hearing for any application for a site development review permit. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.080 Planning Commission recommendationdecision and appeals.
A. The Planning Commission may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Commission finds that the application complies with the findings set forth in Section 18.76.045. The Planning Commission may adopt additional conditions of approval as the facts warrant.
B. The Planning Commission may deny an application for site development review. The Planning Commission shall transmit a written recommendation to the City Council that the application be approved, conditionally approved or denied, based on compliance with the findings set forth in Section 18.76.045.
C. Decisions of the Planning Commission and appeals of such decisions shall be made in accordance with the provisions of Section 18.52.088.
18.76.085 City Council public hearing—Notice
The City Council shall hold a public hearing on the application. Notice of the public hearing shall be given pursuant to Section 18.52.082.
18.76.090 City Council decision.
A. The City Council may grant an application for a site development review as applied for or in modified form, if on the basis of the application and the evidence submitted, the Council finds that the application City Council/RSA Agenda 214 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 31
complies with the findings set forth in Section 18.76.045. The City Council may adopt additional conditions of approval as the facts warrant.
B. The City Council may deny an application for site development review.
18.76.095 Site development review modifications.
Applications to modify any site development review approval or any condition of approval shall be subject to the same procedures and regulations as those applicable to the original application.
In the event a site development review application is approved on property previously affected by a site development review approval, the previous approval and its conditions shall be null and void.
18.76.100 Site development review approval expiration.
A site development review approval shall be valid for one (1) year following the date on which the application became effective. The approval shall become null and void unless prior to the expiration of the year a building permit is issued by the Building Department and construction is commenced and diligently pursued toward completion on the site which was the subject of the site development review application or a certificate of occupancy is issued by the Building Department for the site or structure which was the subject of the site development review application. The phrase “construction is commenced” shall be defined for the purposes of this provision to mean the progress of actual building activity on the site in accordance with a valid building permit to a point such that the first inspection under the Uniform Building Code has been completed, including but not necessarily limited to the inspection of installed footings, reinforced steel, utility, plumbing, and electrical conduits and/or services and all other work or activity customarily and typically inspected prior to the first pouring of foundation concrete.
Completion of only site preparation activities such as site clearance, grading or excavation without commencement of actual building activity shall not constitute commencement of construction.
In the case where site development review approval was granted either concurrently with, or subsequently consistent with, an approved residential tentative map, the site development review approval shall be valid through the duration of the tentative map, as specified by Section 66452.6 of the California State Subdivision Map Act.
18.76.105 Site development review extension.
A. A site development review approval may be extended for an additional period of time not to exceed one (1) year no more than two (2) times. Each such request for extension must be submitted in writing to the Zoning Administrator prior to the expiration date of the site development review approval. The request for extension shall be accompanied by a fee in an amount established by resolution of the City Council. The Zoning Administrator may grant or deny an application for extension of a site development review approval. The Zoning Administrator may grant an extension if he or she finds that there has been no substantial change in the facts or circumstances present when the original application was approved.
B. Upon expiration of the site development review extension, the project shall be deemed to be expired and shall become null and void. Upon expiration, approval of a new site development review application shall be required prior to commencing with the project.
City Council/RSA Agenda 215 Tuesday, July 25, 2023
AT-23-003 (Redlines)
Exhibit B, Page 32
18.76.110 New application.
Following the denial of a site development review application, no application for the same or substantially the same project on the same or substantially the same site shall be filed within one (1) year from the date of denial of the application.
City Council/RSA Agenda 216 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CARMELA CAMPBELL, ECONOMIC, AND COMMUNITY
DEVELOPMENT DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE FOR 1) ZONING TEXT AMENDMENT AT-23-002 TO AMEND TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.41, STATION
EAST EMPLOYMENT (SEE) DISTRICT TO RENAME THIS CHAPTER
“EMPLOYMENT MIXED-USE DISTRICTS” AND ADD A NEW ZONING
DISTRICT FOR CONSISTENCY WITH THE UNION CITY2040 GENERAL
PLAN DESIGNATION OF MIXED-USE EMPLOYMENT (EMU) REFERRED TO AS “ CORRIDOR MIXED-USE EMPLOYMENT (CMUE)” AND 2)
ZONING MAP AMENDMENT A-23-001 TO AMEND THE OFFICIAL
ZONING MAP OF THE CITYOF UNION CITY TO REZONE THE
PROPERTIES LOCATED ALONG THE UNION CITY BOULEVARD
CORRIDOR, WITHA UNION CITY2040 GENERAL PLAN DESIGNATION
OF MIXED-USE EMPLOYMENT (EMU), FROM SPECIAL INDUSTRIAL
(MS) TO CORRIDOR MIXED-USE EMPLOYMENT (CMUE) FOR
CONSISTENCY WITH THE GENERAL PLAN, AND FIND THAT THE
AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW IN
ACCORDANCE WITH CEQAGUIDELINES SECTION 15061(B)(3)
Staff recommends that the City Council 1) waive the reading of the full text of the ordinance, 2) conduct the second reading of the title of the proposed ordinance, and 3) adopt the ordinance approving Zoning Text Amendment AT-23-002 and Zoning Map Amendment A-23-001 and find that the amendments are exempt from environmental review in accordance with CEQA guidelines section 15061(b) (3).
The City Council held a public hearing and introduced the Ordinance at its July 11, 2023, meeting on a 4-0 Vote. The proposed zoning text amendments associated with AT-23-002 are included in Exhibit A (Clean) and B (red-lined) of Attachment 1. The proposed zoning map amendments associated with A-23-001 are included in Exhibit C (Existing) and D (Proposed) of Attachment 1.
STRATEGIC PLAN ALIGNMENT
City Council/RSA Agenda 217 Tuesday, July 25, 2023
The proposed amendments are in alignment with the following:
Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.
Goal C. Strategy 1. Analyze the feasibility of transforming warehouses to attract high-value industrial and commercial uses for the benefit of the community.
Goal C. Strategy 15. Improve and streamline the development process. (Council Priority)
BACKGROUND
The Union City 2040 General Plan designates some properties along the Union City Boulevard corridor as Mixed-Use Employment. To implement the vision of the General Plan, staff has drafted regulations for a new Corridor Mixed Use Employment (CMUE) Zoning designation (AT-23-002) included in Exhibit A and B of Attachment 1.
A Zoning Map Amendment (A-23-001) is also proposed to rezone properties identified in the Union City 2040 General Plan as Mixed-Use Employment to apply the new CMUE zoning designation. See Exhibit C (Existing Zoning Map) and Exhibit D (Proposed Zoning Map), which details the existing and proposed rezoning for the sites.
For a more detailed overview of the prior actions, see City Council Staff Report dated July 11, 2023, which can be accessed on-line at: https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx? ItemID=3962&MeetingID=1635
DISCUSSION
The amendments to Chapter 18.41, retitles the chapter to Mixed-Use Employment Districts as the new CMUE District and Station East Employment (SEE) District are combined in one chapter which is focused on higher density employment areas with mixed use zoning. This approach is consistent with the format for the City’s industrialareas, which combines similar zoning districts into one chapter for simplicity and ease of review.
The standards included in the proposed amendments are based on the Station East Employment District (SEE) District which is a Mixed-Use Employment Zoning District within the Station District Specific Plan area and shares similarities with the CMUE District. Both zoning districts provide for mixed use employment centers, which are designed to accommodate a higher density employment district than the City’s more traditional industrial areas. The amendments also reflect the design criteria and performance standards, which are part of the proposed amendments to Chapter 18.40, Industrial Districts.
FISCAL IMPACT
No fiscal impacts to the general fund would result from adoption of the proposed zoning text amendments.
RECOMMENDATION
City Council/RSA Agenda 218 Tuesday, July 25, 2023
Staff recommends that the City Council 1) waive the reading of the full text of the ordinance, 2) conduct the second reading of the title of the proposed ordinance, and 3) adopt the ordinance approving Zoning Text Amendment AT-23-002 and Zoning Map Amendment A-23-001 and find that the amendments are exempt from environmental review in accordance with CEQA guidelines section 15061(b) (3).
Prepared by:
Brandon H DeLucas, Associate Planner
Submitted by:
Brandon H DeLucas, Associate Planner
ATTACHMENTS:
Description Type
Attachment 1: Draft City Council Ordinance Ordinance
Attachment 1: Exhibit A (Clean) Exhibit
Attachment 1: Exhibit B(Redlines) Exhibit
Attachment 1: Exhibit C(Existing Zoning Map) Exhibit
Attachment 1: Exhibit D(Proposed Zoning Map) Exhibit
City Council/RSA Agenda 219 Tuesday, July 25, 2023
Attachment 1
ORDINANCE NO. XXXX-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNION CITY APPROVING 1) ZONING TEXT AMENDMENT, AT-23-002 AMENDING TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.41,
STATION EAST EMPLOYMENT (SEE) DISTRICT TO ADD A NEW ZONING DISTRICT REFERRED TO AS “CORRIDOR MIXED USE EMPLOYMENT (CMUE)” AND RENAME THIS CHAPTER “EMPLOYMENT MIXED USE DISTRICTS” AND 2) ZONING MAP AMENDMENT A-23-001 AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF UNION CITY TO REZONE PROPERTIES LOCATED ALONG THE UNION CITY BLVD. CORRIDOR, WITH A UNION CITY 2040 GENERAL PLAN
DESIGNATION OF MIXED-USE EMPLOYMENT (EMU), FROM SPECIAL
INDUSTRIAL (MS) TO CORRIDOR MIXED USE EMPLOYMENT (CMUE) FOR
CONSISTENCY WITH THE GENERAL PLAN
WHEREAS, the Union City 2040 General Plan designates some properties along the Union City Blvd. corridor as Mixed-Use Employment; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the City’s Zoning Code currently regulates all development within the City; and
WHEREAS, the City Council desires to amend Title 18 of the Union City Municipal Code, Chapter 18.41, Station East Employment (SEE) District, to add a new zoning district for consistency with the Union City 2040 General Plan designation of Mixed-Use Employment (EMU) referred to as “Corridor Mixed Use Employment (CMUE) District” and rename this chapter “Employment Mixed Use Districts.” Additionally, the amendment would update the SEE District to modify and standardize uses, update development, performance and objective design standards for consistency with the CMUE District and reformat the chapter for ease of use and consistency with other chapters in Title 18.
WHEREAS, the City of Union City is also proposing to amend the official Zoning Map, to rezone properties located along the Union City Blvd. Corridor, with a Union City 2040 General Plan designation of Mixed-Use Employment (EMU), from Special Industrial (MS) to Corridor Mixed Use Employment (CMUE) for consistency with the General Plan; and
PLANNING COMMISSION REVIEW
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed amendments associated with AT-23-002 and A-23-001 on June 15, 2023, at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff City Council/RSA Agenda 220 Tuesday, July 25, 2023
report and Desk Item dated June 15, 2023 and all written and oral testimony, and adopted Resolution No. 12-23 recommending approval of the amendments. The staff report, Desk Item and resolution are incorporated herein by reference; and
CITY COUNCIL REVIEW
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on July 11, 2023, at which time all interested parties had the opportunity to be heard.
The City Council considered a staff report dated July 11, 2023 and July 25, 2023 (including background reports) and incorporated herein by reference, the Planning Commission recommendation, and all written and oral testimony before taking action on the amendments; and WHEREAS, the amendment to Title 18 of the Municipal Code as shown in Exhibit A (Clean) and Exhibit B (Redlined), are attached hereto and incorporated herein by reference; and WHEREAS, the amendment to the official zoning map as shown in Exhibit C (Existing) and Exhibit D (Proposed), are attached hereto and incorporated herein by reference.
THE CITY COUNCIL OF THE CITY OF UNION CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2. CEQA. Approval of the amendments is exempt from environmental review in accordance with California Environmental Quality Act Guidelines section 15061(b)(3), the general exemption for projects with no potential for significant effect on the environment. As a series of text amendments and additions, it can be seen with certainty that there is no possibility that the Municipal Code Amendment will have a significant effect on the environment.
SECTION 3. Findings. The City Council makes the following findings in support of approving this Ordinance, based on the whole of the record before it.
1. The proposed Municipal Code Amendments are consistent with the General Plan,
2. The proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18.
SECTION 4. Approval. The City Council hereby approves the amendments to the Municipal Code, more particularly, amending Chapter 18.41, Employment Mixed-Use Districts, as shown in attached Exhibit A, and amending the official zoning map, as shown in attached Exhibit D, which is incorporated herein by reference and available for review in the City Clerk’s office during normal business hours.
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall City Council/RSA Agenda 221 Tuesday, July 25, 2023
continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 6. Publication and effective date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in the Tri-City Voice, a newspaper of general circulation printed and published in Alameda County and circulated in the City of Union City, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
City Council/RSA Agenda 222 Tuesday, July 25, 2023
EXHIBIT A
Chapter 18.41 MIXED-USE EMPLOYMENT DISTRICTS
18.41.010 Purpose.
The Mixed-Use Employment Districts are as follows:
Station East Employment (SEE): The purpose of the SEE District is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.
Corridor Mixed-Use Employment (CMUE): The purpose of the CMUE District is to accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. This zoning district implements the Mixed-Use Employment (EMU) General Plan Land Use Designation.
18.41.020 Land use regulations – Mixed Use Employment Districts.
Table 18.41.020 Land use regulations—Mixed-Use Employment Districts sets the land use regulations for the Mixed-Use Employment Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.41.020 may be permitted. In making this determination, the findings required under Section
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. All uses shall be conducted within a permanent building.
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Exhibit A, Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
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Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.
Outdoor dining areas subject to
the provisions listed in Section
18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Manufacture of pharmaceuticals
and products from the life
sciences and biotechnology
industries
P P
Manufacture and assembly of
electric and electronic supplies,
instruments and devices,
computer hardware and software,
semiconductors, and computer
chips
P P
Manufacture of fabricated metal
products
AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
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Exhibit A, Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing
INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP
OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
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Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P
MISCELLANEOUS USES
Civic facilities P P
18.41.030 Prohibited uses.
Distribution, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited.
18.41.040 Accessory uses.
A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.
B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
18.41.050 Performance standards.
A. In the SEE District, retail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.
B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.
Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.
C. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 .
D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas City Council/RSA Agenda 227 Tuesday, July 25, 2023
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including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.43.
F. Only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.
G. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.41.100 H. Permitted or conditional uses shall not:
1. Emit obnoxious, toxic or corrosive fumes or gases;
2. Emit odors, heat or glare perceptible beyond property lines;
3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;
4. Produce noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code);
5. Produce physical vibration perceptible beyond property lines;
6. Produce electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;
7. Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and
8. Utilize diesel fuel powered equipment unless for standby emergency use only.
18.41.060 Development standards.
Table 18.41.060 Development standards
Standard Corridor Mixed-Use Employment
(CMUE)
Station East Employment (SEE)
Site area, minimum One (1) Acre One (1) Acre
Floor area ratio, FAR
.40 minimum .75 minimum
2.0 maximum 3.0 maximum
Street frontage,
minimum*
150 feet 150 feet
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Lot depth, minimum* 200 feet 200 feet
Front yard setback,
minimum 10 feet 10 feet
Interior side yard
setback, minimum
5 feet 4 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Street side yard
setback, minimum 10 feet 10 feet
Rear yard setback,
minimum
10 feet 10 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Maximum height
60 feet. Rooftop employee
amenities may be permitted,
including, but not limited to, break
rooms and kitchens, recreational
facilities, gardens and seating areas
provided they do not exceed twenty
(20) feet in height. Buildings along
major arterials must be a minimum
of two (2) stories.
100 feet. Rooftop amenities may
be permitted, including, but not
limited to, community rooms and
kitchens, recreational facilities, and
greenhouses provided they do not
exceed twenty (20) feet in height.
All buildings must be a minimum of
two (2) stories.
* Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.
18.41.070 Supplemental standards
A. Permitted obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050.
2. Pedestrian paths.
3. Street access driveways and associated curbing.
4. Parking and loading facilities in side and rear yards not adjoining a street.
5. Signage in conformance with Chapter 18.30.
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
7. Walls and fences subject to the provision under Section 18.41.070(C).
8. Landscaping and landscape features as provided for in Section 18.41.070(F).
9. Public art.
B. Signs, marquees, awnings.
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1. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
2. In the SEE District, Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.
C. Walls and fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.
5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the City prior to installation. Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions City Council/RSA Agenda 230 Tuesday, July 25, 2023
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to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
F. Landscaping.
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the site development review process.
3. Parking lot coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements.
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
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4. Orientation of outdoor public spaces towards activated ground-floor building frontages;
5. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.
18.41.080 Off-street parking and loading
A. In the SEE District, off-street parking shall be provided consistent with the following standards.
Table 18.41.080(A) SEE District off-street parking requirements Use
Minimum off-street
parking requirements
Maximum off-street
parking allowed
Retail 1.0 space/300 square feet 1.0 space/200 square feet Office 1.0 space/300 square feet 1.0 space/250 square feet Research and development laboratory 1.0 space/500 square feet 1.0 space/300 square feet Manufacturing 1.0 space/500 square feet 1.0 space/300 square feet Other uses See Section 18.36.150 See Section 18.36.150
1. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.
B. In the CMUE District, off-street parking shall be provided consistent with the following standards.
Table 18.41.080(B) CMUE District off-street parking requirements Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet
Other uses See Section 18.36.150
C. Off-street parking shall be provided consistent with the following standards:
1. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
2. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
3. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.
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4. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
5. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
6. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by Section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by Section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
7. Parking structures.
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
D. Off street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way and are subject to review and approval through the site development review process. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
3. In the SEE District, adequate loading zones shall be provided along the street frontage(s).
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18.41.090 Bicycle parking
A. In the SEE District, bicycle parking shall be provided consistent with the following standards.
Table 18.41.090(B) SEE District bicycle parking requirements Use Short-term bicycle parking Long-term bicycle parking Retail 1.0 space/3,000 square feet 1.0 space/10,000 square feet Office, research and
development laboratory, and
other nonresidential uses
1.0 space/8,000 square
feet, minimum of 2 spaces 1.0 space/4,000 square feet
B. In the CMUE District, Bicycle parking shall be provided consistent with the following standards.
Table 18.41.090(B) CMUE District Bicycle Parking Requirements Use Short-Term Bicycle Long-Term Bicycle
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development laboratory, and
manufacturing
1.0 space / 20,000 square feet 1.0 space / 7,000 square feet C. Bicycle parking shall be provided consistent with the following standards;
1. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
2. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
3. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.41.100 Design criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. In the SEE District, building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than twenty-five (25) feet without a change in building wall plane direction of at least two (2) feet.
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2. In the SEE District, all elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.
3. In the CMUE District, to minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials;
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the Director.
4. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
5. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
6. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable;
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);
3. Other metal;
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;
5. Brick, natural clay colors;
6. Stone;
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7. Pre-cast concrete, glass-fiber reinforced concrete;
8. High-quality, cast-in-place concrete;
9. Ceramic tile;
10. Cement plaster;
11. Wood.
C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:
1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet floor to floor.
2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a food service use.
3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all other commercial uses.
4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building.
5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed twenty (20) feet in length.
6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.
City Council/RSA Agenda 236 Tuesday, July 25, 2023
EXHIBIT B (REDLINES)
Chapter 18.41 STATION EAST EMPLOYMENT (SEE) MIXED-USE EMPLOYMENT
DISTRICTS
18.41.010 Purpose.
The Mixed-Use Employment Districts are as follows:
Station East Employment (SEE): The purpose of the Station East Employment (SEE) district District is to accommodate a higher density employment district, which allows for a range of uses including office, lab, research and development, and light manufacturing and accompanying commercial services and uses to create an urban campus in a walkable and transit-oriented setting. Other uses, including hotels, conference centers, and public or quasi-public uses of an educational or recreational nature, can be established if it will support the City’s economic development goals for the area.
Corridor Mixed-Use Employment (CMUE): The purpose of the CMUE District is to accommodate a mix of employment uses, including but not limited to light industrial, research and development, office, and flex space, as well as supportive commercial uses that are vertically or horizontally integrated. The Mixed-use Employment designation is intended to foster innovation and emerging technologies; promote the creation of an employment district with travel patterns that are oriented toward pedestrian, transit, and bicycle use; and provide amenities to employees as well as surrounding neighborhoods. This zoning district implements the Mixed-Use Employment (EMU) General Plan Land Use Designation.
18.41.020 Land use regulations – Mixed Use Employment DistrictsPermitted uses.
Table 18.41.020 Land use regulations—Mixed-Use Employment Districts sets the land use regulations for the Mixed-Use Employment Districts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Union City Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"AUP" designates uses that are permitted subject to approval of an Administrative Use Permit (Chapter 18.54).
"UP" designates uses that are permitted subject to approval of a Conditional Use Permit (Chapter 18.56).
"-" designates uses that are not allowed.
Any other use determined by the decision maker to be essentially the same or very similar to the uses in in Table 18.41.020 may be permitted. In making this determination, the findings required under Section
18.52.060 shall be addressed. Land uses defined in the Union City Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. All uses shall be conducted within a permanent building.
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Exhibit B (Chapter 18.41 Redlines), Page 2
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
ASSEMBLY, EDUCATION, AND RECREATION
Conference center UP UP
Hotel UP UP
Professional trade schools and
colleges
UP UP
Limited to programs serving
persons 18 years or older
Public or quasi-public uses of an
educational or recreational nature
- UP
COMMERCIAL USES – Permitted only as a ground floor use as part of an office, industrial, hotel or conference center development
Banks and financial institutions P P
Business services P P
Civic facilities P P
Fitness and recreational facilities P P
With an occupant load of less
than fifty (50) under the Uniform
Building Code
Food service P P Excluding drive-through uses
Outdoor dining areas AUP AUP
Subject to the standards of
Section 18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Food stores P P
Up to twenty-five thousand
(25,000) square feet, excluding
convenience markets
General merchandise/retail
stores,
P P
Excluding adult business stores,
clearance center/dollar stores,
pawn shops, second hand/thrift
stores, and retail tobacco stores
Office uses including medical
offices
P P
Personal services - P
INDUSTRIAL USES – MANUFACTURING AND ASSEMBLY
City Council/RSA Agenda 238 Tuesday, July 25, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 3
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Breweries, distilleries and wineries UP UP
Accessory on-site tasting rooms
permitted. Including food service.
Outdoor dining areas subject to
the provisions listed in Section
18.36.190
Live music (amplified) UP UP
Subject to the standards of
Section 18.36.195(B)
Live music (non-amplified) AUP AUP Subject to the standards of Section 18.36.195(A)
Manufacture of pharmaceuticals
and products from the life
sciences and biotechnology
industries
P P
Manufacture and assembly of
electric and electronic supplies,
instruments and devices,
computer hardware and software,
semiconductors, and computer
chips
P P
Manufacture of fabricated metal
products
AUP AUP
Manufacture of food products P -
Excluding production of fish or
meat products, sauerkraut,
vinegar or the like, or the
rendering or refining of fats, oils,
or canning
Manufacturing and assembly of
medical equipment
P P
Manufacturing and assembly of,
optical goods, watches and clocks,
musical instruments and camera
and photographic equipment
P P
Manufacturing and assembly of
products from previous prepared
materials such as precious or
semi-precious metal
P P
City Council/RSA Agenda 239 Tuesday, July 25, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 4
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Manufacturing and assembly,
including cutting, polishing, and
setting of jewelry products and
products from precious or semiprecious stone
P P
Manufacturing and assembly of
leather products and associated
dyeing
P P Excluding tanning and curing
Manufacturing and assembly of
textile products including apparel
P P Excluding dyeing
Manufacturing and assembly of
plastic and rubber products,
P P Excluding tire manufacturing
INDUSTRIAL SERVICES
Contractor services UP UP
Incubator spaces AUP AUP
Maker space P P
Media production studios UP UP
OFFICE/LABORATORY/RESEARCH AND DEVELOPMENT
Administrative, executive,
financial and professional offices
AUP P Excluding medical offices
Engineering and design services
and related facilities
P P
Research and development
services and related facilities
P P
Including life sciences, medical
and pharmaceutical research,
electronics, and computer
science
RETAIL
Commercial cannabis use P -
Subject to the zoning
requirements of Chapter 18.117
and the licensure and regulatory
requirements of Chapter 5.44
City Council/RSA Agenda 240 Tuesday, July 25, 2023
AT-23-002
Exhibit B (Chapter 18.41 Redlines), Page 5
Table 18.41.020 Land use regulations – Mixed-Use Employment Districts Use Corridor
Mixed-Use
Employment
(CMUE)
Station East
Employment
(SEE)
Specific use regulations/
notes
Retail sale of goods which are
manufactured, processed or
assembled (improved or
developed to a higher use by
machine or by hand) on the
premises
P P
MISCELLANEOUS USES
Civic facilities P P
The following uses shall be permitted:
A. Civic facilities.
B. Ground floor commercial uses as part of an office mixed use development, hotel or conference center including:
1. Banks/savings and loans, excluding check cashing businesses;
2. Business services;
3. Civic facilities;
4. Fitness studios with an occupant load of less than fifty (50) under the Uniform Building Code;
5. Food service, such as full-service/sit-down restaurants, quick service restaurants, and retail and carry out food stores;
6. Food stores, up to twenty-five thousand (25,000) square feet, excluding convenience markets;
7. General merchandise/retail stores, excluding adult business stores, clearance center/dollar stores, pawn shops, second hand/thrift stores, and retail tobacco stores;
8. Live music (non-amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(A);
9. Office uses;
10. Outdoor dining areas subject to the provisions listed in Section 18.39.055; and
11. Personal services, such as laundry, dry cleaning, beauty parlor, barbershop, nail salon, shoe repair, travel agency, tailor, photography studio, and similar uses excluding massage.
C. Manufacture and assembly of electric and electronic supplies, instruments and devices, computer hardware and software, semiconductors, and computer chips, provided no noxious of offensive fumes or odors are produced.
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Exhibit B (Chapter 18.41 Redlines), Page 6
D. Manufacture of pharmaceuticals and products from the life sciences and biotechnology industries, provided no noxious or offensive fumes or odors are produced.
E. Manufacture of scientific, medical, dental and drafting instruments, orthopedic and medical applications, optical goods, watches and clocks, precision instruments, musical instruments and camera and photographic equipment except film.
F. Manufacturing, assembly, including packaging and storage, of products from previous prepared materials, such as cloth, plastic, leather, precious or semi-precious metals or stones, but not including such operations as saw and planing mills, nor any manufacturing uses involving primary production of wood, metal or chemical products from raw materials.
G. Office uses excluding health services.
H. Research and development laboratories and related facilities, including for life sciences, medical and pharmaceutical research, electronics, and computer science.
I. Retail sales of goods manufactured, processed or assembled on the premises.
J. Any other use determined by the Director to be essentially the same or very similar to the above permitted uses. In making this determination the findings required under Section 18.52.060 shall be addressed.
18.41.030 Conditional uses.
The following conditional uses shall be permitted in the SEE zoning district upon the granting of a use permit by the Planning Commission (refer to Chapter 18.56 for a detailed description of the use permit process):
A. Hotels and conference centers.
B. Manufacture of fabricated metal products.
C. Microbreweries, wineries, or distilleries with accessory food service and outdoor dining.
D. Public or quasi-public uses of an educational or recreational nature.
E. Specialty trade contractors when located in a completely enclosed building.
F. All other uses determined by the Planning Commission to be essentially the same or very similar to the above conditionally permitted uses. In making this determination, the findings required under Section 18.52.060 shall be addressed.
18.41.040 030 Prohibited uses.
Distribution, import/export, wholesale, warehouse, outdoor storage, and/or repackaging uses are prohibited. within the SEE District.
18.41.050 040 Accessory uses.
A. Accessory structures and uses customarily incidental to any of the above permitted uses when located on the same lot are permitted.
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Exhibit B (Chapter 18.41 Redlines), Page 7
B. Accessory structures and uses customarily incidental to any of the above conditional uses when located on the same lot are permitted only upon the granting or modification of a conditional use permit pursuant to the provisions of Chapter 18.56.
C. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
18.41.060 050 Performance standards.
A. In the SEE District, rRetail, service, public, or office uses shall be provided along the ground floor of buildings in the areas detailed in the Station District Specific Plan Figure 4-6.
B. All business, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas and solid waste/recycling enclosures.
Outdoor storage is prohibited. Incidental equipment that is necessary to conduct the operation of the business and that is required to be installed outdoors may be allowed subject to approval by the Economic and Community Development Director or decision maker.
C. All development shall comply with Chapter 7.04 related to management of solid waste, organic waste, and recyclable materials. Solid waste, organic waste and recycling enclosures shall comply with Section 7.04.055 and shall be enclosed within the building or screened by a solid wall so as to not be visible from public streets.
D. Site shall be maintained in good order at all times and consistent with project conditions of approval (if applicable). This shall include, but is not limited to, maintenance and repair of all onsite structures including building façade materials or paint, fencing/walls, signage, paved areas including sidewalks and driveways, and landscaping, as may be necessary to preserve a highquality aesthetic for the area.
E. All uses shall comply with the regulations pertaining to hazardous materials contained in Chapter 18.40, Article IV18.43.
F. Only one (1) driveway per parcel shall be permitted for each street frontage except that additional driveways may be permitted if determined by the Public Works Department that additional driveways are necessary to facilitate on-site traffic circulation.
G. Additions and modifications to industrial developments shall be designed to integrate with the existing development and shall be consistent with the standards included in Section 18.41.100 G.H. Permitted or conditional uses shall not:
1. Emit obnoxious, toxic or corrosive fumes or gases;
2. Emit odors, heat or glare perceptible beyond property lines;
3. Emit smoke nor discharge into the air dust or other particular matter created by any industrial operations or emanating from any products stored prior or subsequent to processing;
4. Produce no noise perceptible beyond property lines, except as may be allowed by the Union City Community Noise Ordinance (Chapter 9.40 of the Union City Municipal Code); City Council/RSA Agenda 243 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 8
5. Produce no physical vibration perceptible beyond property lines;
6. Produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation, except under controlled operations being conducted observing standard methods or operations established by the California Department of Health Services, CAL-OSHA or the Nuclear Regulatory Commission. The most restrictive requirements shall apply. Electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property;
7. Do not engage Engage in the production or storage of any material designed for use as an explosive, nor in the use of such material in production; and
8. Utilize diesel fuel powered equipment unless for standby emergency use only.
18.41.060 Development standards.
Table 18.41.060 Development standards
Standard Corridor Mixed-Use Employment
(CMUE)
Station East Employment (SEE)
Site area, minimum One (1) Acre One (1) Acre
Floor area ratio, FAR
.40 minimum .75 minimum
2.0 maximum 3.0 maximum
Street frontage,
minimum*
150 feet 150 feet
Lot depth, minimum* 200 feet 200 feet
Front yard setback,
minimum 10 feet 10 feet
Interior side yard
setback, minimum
5 feet 4 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Street side yard
setback, minimum 10 feet 10 feet
Rear yard setback,
minimum
10 feet 10 feet
50 feet when adjoining a residential
district or use
20 feet when adjoining a
residential district or use
Maximum height
60 feet. Rooftop employee
amenities may be permitted,
including, but not limited to, break
rooms and kitchens, recreational
facilities, gardens and seating areas
provided they do not exceed twenty
(20) feet in height. Buildings along
major arterials must be a minimum
of two (2) stories.
100 feet. Rooftop amenities may
be permitted, including, but not
limited to, community rooms and
kitchens, recreational facilities, and
greenhouses provided they do not
exceed twenty (20) feet in height.
All buildings must be a minimum of
two (2) stories.
City Council/RSA Agenda 244 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 9
* Exceptions may be granted by the decision maker through the Site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.
18.41.070 Supplemental standards
A. Permitted obstructions in required yards:
1. Roof overhangs as provided in Section 18.24.050.
2. Pedestrian paths.
3. Street access driveways and associated curbing.
4. Parking and loading facilities in side and rear yards not adjoining a street.
5. Signage in conformance with Chapter 18.30.
6. Railroad spur tracks, drill tracks, switches, bumpers, except that such uses shall not be permitted in required yards that adjoin any district other than another Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE).
7. Walls and fences subject to the provision under Section 18.41.070(C).
8. Landscaping and landscape features as provided for in Section 18.41.070(F).
9. Public art.
B. Signs, marquees, awnings.
1. Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program. Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development.
2. In the SEE District, Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.
C. Walls and fences
1. In areas outside of the required yards, the maximum height shall be eight (8) feet above the surface of the ground.
2. In the required rear and side yard, the maximum height shall be eight (8) feet above the surface of the ground.
3. In the required front yard,
a. the maximum height shall be three (3) feet above the surface of the ground.
4. In the required street side yard,
a. the maximum height shall be three (3) feet above the surface of the ground.
City Council/RSA Agenda 245 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 10
5. Where a site adjoins a district other than an Industrial or Mixed-Use Employment District (i.e., MG, ML, MS, CMUE, SEE), a solid wall, at least six (6) feet in height but not greater than eight (8) feet, shall be provided along the property line adjoining the nonindustrial district. Climbing vines, or similar landscaping, shall be provided along the exterior of the wall. When the wall is located within a required front yard, then said wall shall not exceed three (3) feet in height.
6. The design of fences and walls shall aesthetically complement the development, be constructed of high-quality materials, be compatible with neighboring yards, fences and structures, and be subject to review and approval by the City prior to installation. Acceptable materials along street frontages are deemed to be masonry, concrete, and tubular streel. New walls shall include a landscape strip in front to accommodate climbing vines or other suitable plant material to reduce the susceptibility for graffiti. Wire mesh fencing is permitted along non-street facing property lines. The use of barbed wire, razor wire and cyclone (i.e., chain-link) fencing is prohibited.
D. Employee amenity areas. All new development and additions that expand existing floor area by 25 percent or more, resulting in at least 10,000 square feet of floor area, shall provide an employee area of at least 300 square feet in size. The employee use area shall be identified and improved as passive or active recreational space, or indoor or outdoor amenities for the use and enjoyment of employees.
E. Sidewalks and street frontage improvements. Sidewalks, curbs, and gutters along a site’s frontage(s) shall be maintained to the satisfaction of the City Engineer. All new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or projects that include substantial site modifications, shall provide sidewalks, curbs, and gutters if none already exist. Improvements shall be installed consistent with City standards and specifications.
F. Landscaping.
1. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement.
Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.
2. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area. Projects that cannot provide the minimum amount of required landscaping shall pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the site development review process.
3. Parking lot coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.
G. Equipment screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
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Exhibit B (Chapter 18.41 Redlines), Page 11
1. In instances where mechanical equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs or climbing vines;
2. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture; and
3. Alternate design, screening, or siting may be considered to meet utility provider requirements.
H. Bicycle and pedestrian facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities / access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
4. Orientation of outdoor public spaces towards activated ground-floor building frontages;.
5. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.
18.41.080 Off-street parking and loading
A. In the SEE District, off-street parking shall be provided consistent with the following standards.
Table 18.41.080(A) SEE District off-street parking requirements Use
Minimum off-street
parking requirements
Maximum off-street
parking allowed
Retail 1.0 space/300 square feet 1.0 space/200 square feet Office 1.0 space/300 square feet 1.0 space/250 square feet Research and development laboratory 1.0 space/500 square feet 1.0 space/300 square feet Manufacturing 1.0 space/500 square feet 1.0 space/300 square feet Other uses See Section 18.36.150 See Section 18.36.150
City Council/RSA Agenda 247 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 12
1. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.
B. In the CMUE District, off-street parking shall be provided consistent with the following standards.
Table 18.41.080(B) CMUE District off-street parking requirements Use Minimum off-street parking requirements
Office 1.0 space / 300 square feet
Research and development laboratory 1.0 space / 500 square feet Manufacturing 1.0 Space / 1000 square feet
Other uses See Section 18.36.150
C. Off-street parking shall be provided consistent with the following standards:
1. All parking areas shall be designed and maintained in accordance with the provisions of Chapter 18.28.
2. Off-street parking requirements for other uses shall be provided on the same basis as required for the most similar use or as determined by the decision maker.
3. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.
4. Flex industrial buildings built without an end user selected and/or on speculation shall provide a minimum of one (1) parking space for each three hundred (300) square feet of the gross floor area for twenty-five percent (25%) of the building in addition to providing parking for the remaining seventy-five percent (75%) of the gross floor area consistent with the standards listed above.
5. In addition to the minimums above, one (1) parking space for each vehicle used in the conduct of the enterprise shall be provided.
6. Truck trailer parking spaces shall have a minimum dimension of twelve (12) feet by fiftyfive (55) feet when parked perpendicular and twelve (12) feet by sixty-five (65) feet when parked parallel.
a. The number of truck trailer parking spaces required by Section 18.40.070 may be decreased by the decision maker for a specific use if it is found that such use will not create as great a need for truck trailer parking and that the use is reasonably likely to continue for at least ten (10) years.
b. The number of truck trailer parking spaces required by Section 18.40.070 may be increased by the decision maker if it is found that a use will create an additional need for truck trailer parking.
7. Parking structures.
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Exhibit B (Chapter 18.41 Redlines), Page 13
a. Parking structure facades shall be designed as compatible visual extensions of the primary buildings.
b. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
c. Decorative screening or other decorative element constructed of durable, highquality materials shall be provided on parking structure facade.
D. Off street loading: For each building constructed or use established, off-street loading shall be provided according to the following:
1. Loading docks and berths shall be provided adequate to serve the use. Such facilities shall be located to the side and rear of buildings and shall be adequately screened and landscaped so as to not be visible from the public rights-of-way and are subject to review and approval through the site development review process. Truck loading areas and activities shall not conflict with on-site circulation and parking. All truck loading doors and docks shall be screened from view by an architecturally acceptable decorative wall or other acceptable alternative which does not encroach into required landscaped areas.
2. Loading berths. Loading berths shall be a minimum of ten (10) feet wide by twenty-five (25) feet long.
3. In the SEE District, adequate loading zones shall be provided along the street frontage(s).
18.41.090 Bicycle parking
A. In the SEE District, bicycle parking shall be provided consistent with the following standards.
Table 18.41.090(B) SEE District bicycle parking requirements Use Short-term bicycle parking Long-term bicycle parking Retail 1.0 space/3,000 square feet 1.0 space/10,000 square feet Office, research and
development laboratory, and
other nonresidential uses
1.0 space/8,000 square
feet, minimum of 2 spaces 1.0 space/4,000 square feet
B. In the CMUE District, Bicycle parking shall be provided consistent with the following standards.
Table 18.41.090(B) CMUE District Bicycle Parking Requirements Use Short-Term Bicycle Long-Term Bicycle
Retail 1.0 space / 3,000 square feet 1.0 space / 10,000 square feet Office, research and
development laboratory, and
manufacturing
1.0 space / 20,000 square feet 1.0 space / 7,000 square feet C. Bicycle parking shall be provided consistent with the following standards; City Council/RSA Agenda 249 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 14
1. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
2. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision maker.
3. The number of required bicycle parking facilities may be increased by the decision maker for a specific use if it is found that such a use shall create a greater demand for these facilities.
18.41.100 Design criteria
A. Architectural standards. Buildings shall be designed with a contemporary or “modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. In the SEE District, building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than twenty-five (25) feet without a change in building wall plane direction of at least two (2) feet.
2. In the SEE District, all elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.
3. In the CMUE District, to minimize overall massing building elevation shall incorporate the following:
a. Variations in wall plane, wall height, trim or reveals, entry and window openings, and/or varying colors and materials;
b. Detailing including elements such as recesses, columns, living walls, score lines, reveals, trellises, lighting, or other features to create shadow patterns and depth on building elevations; and
c. Other elements as required by the Director.
4. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a variation in wall plane, wall height, trim or reveals, entry and window openings.
5. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
6. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows City Council/RSA Agenda 250 Tuesday, July 25, 2023
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Exhibit B (Chapter 18.41 Redlines), Page 15
or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.
B. Exterior materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable;
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);
3. Other metal;
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;
5. Brick, natural clay colors;
6. Stone;
7. Pre-cast concrete, glass-fiber reinforced concrete;
8. High-quality, cast-in-place concrete;
9. Ceramic tile;
10. Cement plaster;
11. Wood.
C. Ground floor commercial uses. The design of ground floor commercial uses shall comply with the following:
1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is eighteen (18) feet floor to floor.
2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a food service use.
3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be fifty percent (50%) for all other commercial uses.
4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building.
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Exhibit B (Chapter 18.41 Redlines), Page 16
5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed twenty (20) feet in length.
6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.
18.41.070 Walls, fences, and hedges.
The location of all fences shall be subject to the minimum front yard and street side yard standards contained herein. Side and rear yards may have fences along the property line.
18.41.080 Minimum site area.
A minimum site area of not less than one (1) acre shall be required.
18.41.090 Floor area ratio.
The minimum floor area ratio (FAR) shall be 0.75 and the maximum shall be 3.0.
18.41.100 Frontage, width and depth of site.
Newly created lots shall have a minimum street frontage width of one hundred fifty feet (150) feet and a minimum lot depth of two hundred (200) feet. Exceptions may be granted by the decision maker through the site development review process if it results in a more usable lot configuration or to accommodate lots created for public or common use.
18.41.110 Lot Coverage.
The amount of the site area covered by structures shall not be restricted provided the development meets all applicable standards.
18.41.120 Required setbacks.
A. Front yard setback shall be a minimum of ten (10) feet.
B. Interior side yard setback shall be a minimum of five (5) feet. Street side yard setback shall be a minimum of ten (10) feet.
C. Rear yard setback shall be a minimum of ten (10) feet.
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Exhibit B (Chapter 18.41 Redlines), Page 17
18.41.130 Height of structures.
The maximum height of buildings shall be one hundred (100) feet. Rooftop amenities may be permitted, including, but not limited to, community rooms and kitchens, recreational facilities, and greenhouses provided they do not exceed twenty (20) feet in height. All buildings must be a minimum of two (2) stories.
18.41.140 Design criteria.
A. Architectural Standards. Buildings shall be designed with a contemporary or “modern” vocabulary, using varied geometric volumes and a variety of high-quality materials (e.g. metal and glass). The following shall apply to any new buildings, additions to buildings which increase existing square footage by fifty percent (50%) or more, or modifications to existing buildings which modify the exterior of the building:
1. Building elevations shall include variations in wall plane, wall height, and roofs located at different levels in order to minimize the overall appearance of the elevation. Building wall shall not continue for more than twenty-five (25) feet without a change in building wall plane direction of at least two (2) feet.
2. All elevations shall provide articulation and detailing include elements such as recesses, columns, score lines, reveals, trellises, windows, lighting, or other features to create shadow patterns and depth on building elevations.
3. Minimize blank wall planes on all elevations through the use of wall plane variation, trim or reveals, entry and window openings, and/or varying colors and materials. Blank walls should not occupy over thirty percent (30%) of the principal frontage, and a section of blank wall should not exceed twenty (20) linear feet without being interrupted by a window or entry.
4. Design entries so that they are clearly defined and distinguishable from the street.
Incorporate architectural features such as awnings, canopies, trellises, and/or other treatments such as vertical architectural features or unique building colors or materials to clearly identify primary building entries.
5. A minimum of fifty percent (50%) of the building wall area located within twenty (20) feet of the midpoint of a primary building entrance shall be comprised of transparent windows or openings. Glass is considered transparent where it has a transparency higher than eighty percent (80%) and external reflectance of less than fifteen percent (15%). Façades facing streets or pedestrian focused areas such as promenades and plazas shall be lined with windows.
B. Exterior Materials. Exterior building materials shall be chosen based on character, durability, ease of maintenance and context, and may include:
1. Steel—Porcelain enamel panels, steel windows, steel exterior doors, steel rails and fences, painted, stainless or pre-weathered steel are acceptable;
2. Aluminum—Windows, panels (luco-bond and aluminum plate), storefront, curtain wall, doors; aluminum should be natural finish anodized, powder-coated or kynar (no bronze anodized);
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Exhibit B (Chapter 18.41 Redlines), Page 18
3. Other metal;
4. Glass—Clear, low-e, nonreflective, solar-bronze or solar gray glass, shadow boxes and spandrel glass is permitted;
5. Brick, natural clay colors;
6. Stone;
7. Pre-cast concrete, glass-fiber reinforced concrete;
8. High-quality, cast-in-place concrete;
9. Ceramic tile;
10. Cement plaster;
11. Wood.
C. Equipment Screening. Mechanical/utility equipment shall be sited and screened in accordance with the following:
1. In instances where mechanical equipment cannot be located within the building due to building code or utility provider requirements, it shall be adequately screened from off-site view and located at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines;
2. In instances where utility equipment cannot be located within the building or undergrounded due to building code or utility provider requirements, it shall be screened by locating at the rear of the site in an enclosure with walls matching the material and color of the building. The enclosure shall include gates or heavy gauge corrugated steel and shall be surrounded by trees, shrubs and climbing vines. Alternate locations may be considered to meet utility provider requirements; and
3. In instances where mechanical equipment is located on the building roof, roof top screening shall be provided, which is integrated into the building architecture.
D. Bicycle and Pedestrian Facilities. Projects that include development of a vacant site or substantial modification of a developed site shall accommodate bicycle and pedestrian facilities/access including:
1. Provisions for safe, well-lit and visually attractive pedestrian access from public streets to the parking areas and building entries;
2. Pedestrian pathways between buildings and parcels;
3. Public pedestrian and bicycle connections to the Station District’s existing and proposed bicycle and pedestrian network;
4. Publicly accessible pedestrian amenities which may include plazas, pocket parks, seating areas, fountains, public art, and/or eating areas;
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Exhibit B (Chapter 18.41 Redlines), Page 19
5. Orientation of outdoor public spaces towards activated ground-floor building frontages; and
6. Inclusion of bicycle paths and bicycle parking facilities consistent with the Bicycle and Pedestrian Master Plan and designed and installed in conformance with the design criteria outlined in Section 18.28.080.
E. Ground Floor Commercial Uses. The design of ground floor commercial uses shall comply with the following:
1. Minimum depth of commercial space is thirty-five (35) feet and minimum height is twenty (20) feet floor to floor; and
2. A minimum of twenty-five percent (25%) of the ground floor commercial area shall be designed to accommodate a restaurant use; and
3. Between two and one-half (2½) feet and seven (7) feet above grade, ground floor transparency (i.e., amount of glazing) shall be forty percent (40%) for grocery stores and fifty percent (50%) for all other commercial uses; and
4. Ground floor façades shall be designed to give identity to each retail and service establishment, through recesses, enhanced materials, signage and architectural features that are integral components of the building; and
5. The maximum distance of blank wall (a façade without doors, windows, landscaping treatments, or other pedestrian interest) on the ground level of any building facing a street, open space, or paseo shall not exceed twenty (20) feet in length; and
6. The design of ground floor commercial uses shall promote indoor/outdoor connections by providing some or all of the following:
a. Sliding or removable windows/doors;
b. Low planters with wide seat walls;
c. Recessed entrances and porticos that increase the indoor/outdoor quality or allow for increased outdoor seating or display;
d. Awnings and canopies that may encroach into the public right-of-way subject to approval of an encroachment permit by the Public Works Department; and e. Visually transparent storefronts with clear glass windows and doors that are not blocked by storage, racks or shelving placed against glass.
18.41.150 Landscaping.
A. New landscaping and modifications to existing landscaping shall comply with the provisions listed in Chapter 18.112 and the Landscape Standards Policy Statement. Approved landscaping shall be maintained for the life of the project including replacement of dead, dying or deficient landscaping.
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Exhibit B (Chapter 18.41 Redlines), Page 20
B. Projects that include development of a vacant site or substantial modification of a developed site, shall provide landscaped areas that measure a minimum fifteen percent (15%) of the project site area.
Projects that cannot provide the minimum amount of required landscaping may pay a landscape in-lieu fee in the amount set forth in the City’s Master Fee Schedule subject to approval through the site development review process.
C. Parking Lot Coverage. To provide adequate visual screening of any surface parking areas from public rights-of-way, there shall be a landscaped strip ten (10) feet in width which shall be contiguous and parallel to such rights-of-way and shall be planted with trees, shrubs, and ground cover sufficient to obtain the required screening.
18.41.160 Signs, marquees, awnings.
Signage shall be consistent with Chapter 18.30 and any approved sign plan or planned sign program.
Signage shall be designed as an integral element of a building’s architecture and shall be compatible, including color and scale, with the building. A sign plan or planned sign program, consistent with Section 18.30.100, shall be required for any development. Blade signs may project over the sidewalk to indicate and demarcate commercial uses and increase pedestrian interest, subject to approval of an encroachment permit by the Public Works Department.
18.41.170 Off-street parking.
A. Off-street automobile parking shall be provided consistent with the following standards:
Vehicular Parking Requirements Minimum Off-Street
Parking Requirements
Maximum Off-Street
Parking Allowed
Retail 1.0 space/300 square feet 1.0 space/200 square feet Office 1.0 space/300 square feet 1.0 space/250 square feet Research and Development laboratory,
manufacturing use 1.0 space/500 square feet 1.0 space/300 square feet Other Uses See Section 18.36.050 See Section 18.36.050
B. Automobile parking areas shall not occupy more than thirty percent (30%) of the primary street frontage.
C. Joint use of parking spaces may be allowed subject to the limitations and conditions included in Section 18.36.160.
D. Parking Structures.
1. Parking structure façades shall be designed as compatible visual extensions of the primary buildings.
2. Auto entries shall be located in a manner that minimizes pedestrian/auto conflicts.
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Exhibit B (Chapter 18.41 Redlines), Page 21
3. Decorative screening or other decorative element constructed of durable, high-quality materials shall be provided on parking structure façade.
18.41.180 Bicycle parking.
A. Bicycle parking facilities shall be provided, at a minimum, in an amount equal to:
Bicycle Parking Requirements Short-Term Bicycle Parking Requirements
Long-Term Bicycle Parking
Requirements
Retail 1.0 space/3,000 square feet 1.0 space/10,000 square feet Office, R&D, and Other
Nonresidential uses
1.0 space/8,000 square
feet Minimum of 2 spaces
1.0 space/4,000 square feet
B. Required facilities shall be designed and installed in conformance with the design criteria outlined in Section 18.28.080.
C. Bicycle parking may be substituted for automobile parking subject to the provisions outlined in Section 18.28.100 and approval by the decision makers.
18.41.190 Loading.
A. Adequate loading docks and/or berths shall be provided on site to serve the use. Such facilities shall be located on the rear or side of the building, be screened from the public right-of-way, and are subject to review and approval through the site development review process.
B. Adequate loading zones shall be provided along the street frontage(s).
City Council/RSA Agenda 257 Tuesday, July 25, 2023
City Council/RSA Agenda 258 Tuesday, July 25, 2023
City Council/RSA Agenda 259 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE SIDE LETTER AGREEMENT
BETWEEN THE CITYOF UNION CITYAND THE PROFESSIONAL
EMPLOYEES’GROUP (PEG), APPROVING AMENDMENTS TO THE CITY'S
CLASSIFICATION AND COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, EFFECTIVE AUGUST 7, 2023, AND AMENDING THE FY2023-2024 BUDGET Staff recommends that the City Counciladopt a resolution approving the Side Letter Agreement between the City of Union City (the “City”) and the Professional Employees’ Group (“PEG”), approving amendments to the City’s Classification and Compensation Plan, effective August 7, 2023, and appropriating $119,000.00 to the appropriate salary accounts.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.
BACKGROUND
The City and PEG (the “Parties”) are parties to a Memorandum of Understanding covering the period of January 1, 2022, through December 31, 2024 (the “MOU”). The Parties entered into a side letter agreement entitled “City of Union City and Union City Professional Employees Group Side Letter of Agreement Salary Survey” (the “Prior Side Letter”), which provided that the City would engage a consultant to conduct a compensation survey and provided for related actions. The City contracted with Ralph Anderson and Associates to conduct a survey which began in October 2022.
Subsequent to obtaining the comprehensive data, City staff and PEG have been negotiating in good faith pursuant to the terms of the Prior Side Letter. Both parties had a chance to meet and confer regarding the results of the salary survey and the proposed market equity adjustments and reached a tentative agreement as reflected in the attached Side Letter Agreement.
DISCUSSION
City Council/RSA Agenda 260 Tuesday, July 25, 2023
As noted above, the City’s consultant conducted a salary survey. The results found that some market equity adjustments were in order. The proposed market equity adjustments affect 19 of the 31 PEG classifications within the City’s Classification and Compensation Plan providing adjustments that range from .3% to 10% as shown in the attached Side Letter Agreement.
The Existing MOU expires on December 31, 2024. The PEG membership ratified the Side Letter Agreement on July 17, 2023. The market equity adjustments will become effective on August 7, 2023, the first full pay period after approval by the City Council.
FISCAL IMPACT
The estimated annualcost associated with the market equity adjustments provided for in the Side Letter Agreement is approximately $119,000.00, and funding for these adjustments was not included in the adopted FY 2023-2024 budget.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Side Letter Agreement between the City of Union City and the Professional Employees’ Group (PEG), approving amendments to the City’s Classification and Compensation Plan, effective August 7, 2023, and appropriating $119,000.00 to the appropriate salary accounts. The proposed resolution authorizes the City Manager to execute the Side Letter Agreement on behalf of the City.
Prepared by:
Jason Castleberry, Human Resources Director
Submitted by:
Jason Castleberry, Human Resources Director
ATTACHMENTS:
Description Type
Resolution - Professional Employees Group (PEG) Resolution PEGSide LetterAgreement Exhibit
Exhibit A to the Side LetterAgreement Exhibit
Exhibit to Resolution - Class and Comp Plan Exhibit
City Council/RSA Agenda 261 Tuesday, July 25, 2023
RESOLUTION NO. XXXX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY APPROVING THE SIDE LETTER
AGREEMENT BETWEEN THE CITY OF UNION CITY AND
THE PROFESSIONAL EMPLOYEES’ GROUP (PEG),
APPROVING AMENDMENTS TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN IN
CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5, EFFECTIVE
AUGUST 7, 2023, AND AMENDING THE FY 2023-2024
BUDGET
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and the Professional Employees’ Group (“PEG”), effective January 1, 2022, through December 31, 2024, is currently in effect (the “MOU”); and WHEREAS, pursuant to a side letter agreement entitled “City of Union City and Union City Professional Employees Group Side Letter of Agreement Salary Survey”, the City’s consultant completed a salary survey and the City Manager, or her designee, has met and conferred regarding the proposed market equity adjustments; and WHEREAS, the parties wish to enter into this Side Letter Agreement clarifying and memorializing the Parties’ agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Side Letter Agreement to the MOU, attached hereto and incorporated herein by reference, and authorizes the City Manager to execute the Side Letter Agreement and to take such further actions as may be necessary to implement the Side Letter Agreement to the MOU, including any necessary non-substantive modifications.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves amendments to the City’s Classification and Compensation Plan, effective August 7, 2023, to include the market equity adjustments reflected in Exhibit A to the Side Letter Agreement.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves the appropriation of $119,000.00 to the appropriate salary accounts.
City Council/RSA Agenda 262 Tuesday, July 25, 2023
1 Side Letter Agreement to the Memorandum of Understanding Between
The City of Union City
and
The Professional Employees’ Group
The City of Union City (“City”) and the Professional Employees’ Group (PEG), (collectively, the “Parties”) enter into this Side Letter Agreement to the Parties’ Memorandum of Understanding, effective January 1, 2022, through December 31, 2024, to amend the City’s Classification and Compensation Plan to include the market equity adjustments reflected in Exhibit A, attached hereto.
WHEREAS, the City will provide market equity adjustments as a result of a salary survey conducted; and
WHEREAS, the comprehensive data obtained through the salary survey will be used to update the Classification and Compensation Plan; and
WHEREAS, the Parties wish to enter into this Side Letter Agreement clarifying and memorializing the Parties’ agreement.
NOW, THEREFORE, the Parties agree to amend the City’s Classification and Compensation Plan, effective August 7, 2023, to include the market equity adjustments reflected in Exhibit A, attached hereto.
FOR THE CITY: FOR PEG:
_______________________________________ _______________________________________ Joan Malloy Date Brandon H. DeLucas Date
City Manager
_______________________________________ _______________________________________ Jason Castleberry Date Trish Heuer Date
Human Resources Director
______________________________________
Valerie Avendano Date
City Council/RSA Agenda 263 Tuesday, July 25, 2023
Exhibit A
City of Union City and
Professional Employees Group (PEG)
MOU Negotiations 2023
LBFO to PEG
July 19, 2023
This proposal represents the full authority provided by the City Council and is intended to represent the City of Union City’s last, best, and final offer to the Professional Employees Group (PEG).
Modify Section 2.0 COMPENSATION to include Salary Equity Adjustments identified as part of the Salary Survey conducted and which are indicated below:
Section 2.01 COMPENSATION
• Salary Equity Adjustments shall be implemented in the following manner, effective the first full pay period after City Council approval:
Job Code Class Title % Increase
30060 Accountant 5.30%
30250 Assistant Planner 0.40%
30230 Associate Planner 0.40%
30053 Building Code Compliance Coordinator 0.00%
30090 Case Manager 10.00%
30600 Economic Development Coordinator 0.00%
30275 Emergency Services Coordinator 0.00%
30150 Engineer I (Civil) 7.90%
30130 Engineer II (Civil) 7.90%
30120 Engineer III (Civil) 7.90%
30030 Environmental Analyst I 7.70%
30031 Environmental Analyst II 7.70%
30040 Environmental Programs Inspector 0.00%
30095 Homeless Program Coordinator 0.00%
30080 Intervention Counselor 0.30%
30185 Lead Construction Inspector 0.00%
30066 Lead Payroll Technician 0.00%
30065 Payroll Technician 0.00%
30100 Recreation Supervisor 6.40%
30020 Senior Accountant 10.00%
30210 Senior Planner 3.00%
30400 Senior Recreation Supervisor 6.40%
30260 Senior Systems Analyst 0.00%
City Council/RSA Agenda 264 Tuesday, July 25, 2023
Exhibit A
30055 Sr. Building/Code Compliance Inspector 0.00%
30310 Sustainability Analyst I 7.70%
30320 Sustainability Analyst II 7.70%
30265 Systems Analyst 0.00%
30503 Transit Planner - Assistant 0.40%
30501 Transit Planner - Associate 0.40%
30502 Transit Planner - Senior 3.00%
30270 Web and Database Administrator 0.00%
FOR THE CITY: FOR PEG:
_______________________________________ _______________________________________ Joan Malloy Date Brandon H. DeLucas Date
_______________________________________ _______________________________________ Lisa Achen Date Trish Heuer Date
______________________________________
Valerie Avendano Date
City Council/RSA Agenda 265 Tuesday, July 25, 2023
Amendment #2: July 11, 2023 - Reso. No. 6158-23
Amendment #3: July 25, 2023 - Reso. No. XXXX-23
City of Union City
Classification and Compensation Plan
FY 2023-2024
Effective: August 7, 2023
Amendment #1: June 20, 2023 - Reso. No. 6146-23
City Council/RSA Agenda 266 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 26,492
UNREPRESENTED Min. Range Max.
Dept. Heads 20015 Assistant City Manager/Chief Financial Officer 17,514 21,049 Dept. Heads 20020 Deputy City Manager 16,874 20,240
Dept. Heads 20470 Community & Recreation Services Director 16,455 19,729 Dept. Heads 20515 Economic & Community Development Director 16,455 19,729 Dept. Heads 20275 Finance Director 16,455 19,729
Dept. Heads 20280 Human Resources Director 16,455 19,729 Dept. Heads 20290 Information Technology Director 16,455 19,729 Dept. Heads 40010 Police Chief 21,496 22,356 23,250 24,180 25,147 Dept. Heads 20710 Public Works Director 16,765 20,108
Unrep Mgmt 21050 Assistant to the City Manager 14,210 17,064 Unrep Mgmt 21185 Chief Human Resources Officer 14,922 17,918 Unrep Mgmt 21315 Chief Technology Officer 14,922 17,918 Unrep Mgmt 20030 City Clerk 11,797 12,336 12,905 13,501 14,127 Unrep Mgmt 20145 Human Resources Analyst I 7,987 8,337 8,706 9,093 9,500 Unrep Mgmt 20155 Human Resources Analyst II 9,766 10,208 10,671 11,154 11,664 Unrep Mgmt 20180 Human Resources Manager 12,471 13,046 13,645 14,278 14,940 Unrep Mgmt 20930 Supervising Construction Inspector 10,128 10,587 11,070 11,577 12,109 Unrep Non-Mgmt 21010 Administrative Specialist - Confidential 6,823 7,166 7,524 7,901 8,297 Unrep Non-Mgmt 30800 Human Resources Technician 7,195 7,556 7,925 8,330 8,742
MANAGEMENT EMPLOYEES' GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 11,878 12,425 12,996 13,598 14,228 Management 20590 Chief Building Official/Senior Plans Examiner 13,666 14,294 14,958 15,650 16,381 Management 20810 City Engineer 14,189 14,852 15,546 16,273 17,038 Management 20505 Clinical Supervisor 8,450 8,824 9,216 9,628 10,061 Management 20650 Communications & Marketing Manager 11,375 11,937 12,499 13,053 13,616 Management 20508 Community Services Manager 10,128 10,588 11,070 11,577 12,110 Management 20800 Cyber Security Manager 12,315 12,870 13,451 14,049 14,690 Management 20630 Economic Development Manager 11,375 11,937 12,499 13,053 13,616 Management 20600 Environmental Program Manager 12,285 12,852 13,446 14,070 14,725 Management 20911 Fleet Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20540 Housing & Community Development Manager 12,183 12,745 13,333 13,951 14,600 Management 20500 Intervention Counselor I 7,202 7,516 7,841 8,186 8,546 Management 20310 Information Technology Manager 14,210 14,870 15,565 16,296 17,064 Management 20450 Community & Recreation Services Manager 11,980 12,530 13,110 13,717 14,355 Management 20080 Management Analyst I 7,987 8,337 8,706 9,093 9,500 Management 20090 Management Analyst II 9,766 10,208 10,671 11,154 11,664 Management 20100 Management Analyst III 11,878 12,425 12,996 13,598 14,228 Management 20560 Planning Manager 13,015 13,614 14,245 14,905 15,600 Management 20860 Principal Civil Engineer 12,726 13,314 13,932 14,582 15,260 Management 20730 Public Works Superintendent 12,388 12,957 13,559 14,187 14,850 Management 20920 Public Works Grounds Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20910 Public Works Streets Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20700 Recycling & Solid Waste Program Manager 11,066 11,573 12,106 12,664 13,250 Management 20620 Redevelopment Manager 12,285 12,852 13,446 14,070 14,725 Management 20370 Revenue Collections Manager 11,878 12,425 12,996 13,598 14,228 Management 20350 Supervising Accountant 11,087 11,593 12,124 12,682 13,267 Management 20912 Transit Manager 11,980 12,530 13,110 13,717 14,355 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 267 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 17,690 18,524 19,398 20,316 21,281 Police Mgmt. 40040 Police Lieutenant 14,997 15,731 16,503 17,320 18,178 Police Mgmt. 40015 Deputy Police Chief 18,556 19,426 20,341 21,297 22,307 Police Mgmt. 40045 Police Commander 15,742 16,508 17,315 18,168 19,064
POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 7,050 7,403 7,772 8,162 8,571 UCPOA 40095 Community Resources Coordinator 6,117 6,424 6,745 7,081 7,435 UCPOA 40090 Community Service Aide 6,035 6,304 6,587 6,885 7,199 UCPOA 40240 Confidential Operations Assistant 7,022 7,374 7,743 8,129 8,537 UCPOA 40080 Crime Analyst 8,571 9,000 9,449 9,923 10,418 UCPOA 40070 Dispatch Clerk 6,673 6,857 7,165 7,492 7,833 UCPOA 40170 Dispatch Clerk Trainee 5,778
UCPOA 40241 Executive Assistant to the Police Chief 7,022 7,374 7,743 8,129 8,537 UCPOA 40063 Personnel and Training Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40130 Police Corporal 11,867
UCPOA 40230 Police Department Office Coordinator 6,074 6,380 6,698 7,033 7,386 UCPOA 40140 Police Office Assistant 5,537 5,814 6,105 6,410 6,731 UCPOA 40050 Police Officer 8,620 9,018 9,426 9,827 10,321 10,838 11,379 UCPOA 40150 Police Officer Recruit I 6,907
UCPOA 40160 Police Officer Recruit II 8,187
UCPOA 40060 Police Records Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40030 Police Sergeant 11,650 12,173 12,714 13,349 14,017 UCPOA 40120 Prisoner Transportation Officer 6,035 6,304 6,587 6,885 7,199 UCPOA 40100 Property & Evidence Specialist 6,035 6,304 6,587 6,885 7,199 UCPOA 40065 Property & Evidence Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40110 Public Services Officer I 6,117 6,424 6,745 7,081 7,435 UCPOA 40180 Public Services Officer II 6,440 6,763 7,101 7,454 7,828 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 38.50 39.56 41.34 43.22 45.19 UCPOA PT 40120 Prisoner Transportation Officer (PT) 34.82 36.37 38.00 39.72 41.53 UCPOA PT 40181 Public Services Officer I (PT) 35.29 37.06 38.91 40.85 42.89 UCPOA PT 40182 Public Services Officer II (PT) 37.15 39.02 40.97 43.00 45.16 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.
Unrep. Police PT 60120 Police Cadet 16.39 17.20 18.06
Unrep. Police PT 60150 Police Officer Trainee 44.00
PROFESSIONAL EMPLOYEES' GROUP (PEG)
Professionals 30060 Accountant 8,005 8,404 8,816 9,266 9,726 Professionals 30250 Assistant Planner 7,119 7,474 7,845 8,239 8,650 Professionals 30230 Associate Planner 8,283 8,695 9,128 9,586 10,063 Professionals 30053 Building Code Compliance Coordinator 10,703 11,261 11,822 12,380 12,939 Professionals 30090 Case Manager 6,337 6,653 6,985 7,335 7,702 Professionals 30600 Economic Development Coordinator 9,603 10,088 10,539 11,024 11,510 Professionals 30275 Emergency Services Coordinator 8,810 9,250 9,705 10,192 10,702 Professionals 30150 Engineer I (Civil) 7,853 8,241 8,655 9,090 9,543 Professionals 30130 Engineer II (Civil) 8,722 9,158 9,604 10,093 10,594 Professionals 30120 Engineer III (Civil) 9,971 10,469 10,986 11,536 12,113 Professionals 30030 Environmental Analyst I 7,060 7,414 7,783 8,175 8,584 Professionals 30031 Environmental Analyst II 7,969 8,389 8,831 9,295 9,785 Professionals 30040 Environmental Programs Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30095 Homeless Program Coordinator/Case Manager 6,179 6,510 6,840 7,172 7,540 Professionals 30080 Intervention Counselor 6,570 6,899 7,245 7,608 7,988 Professionals 30185 Lead Construction Inspector 9,605 10,069 10,498 10,997 11,498 Professionals 30066 Lead Payroll Technician 7,891 8,248 8,677 9,105 9,605 Professionals 30065 Payroll Technician 7,503 7,877 8,263 8,684 9,114 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 268 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES' GROUP (PEG) (CONT.)
Professionals 30100 Recreation Supervisor 7,906 8,302 8,716 9,151 9,608 Professionals 30020 Senior Accountant 9,255 9,727 10,213 10,718 11,247 Professionals 30055 Senior Building/Code Compliance Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30210 Senior Planner 9,574 10,076 10,609 11,165 11,753 Professionals 30400 Senior Recreation Supervisor 9,284 9,736 10,211 10,710 11,232 Professionals 30260 Senior Systems Analyst 10,703 11,261 11,822 12,380 12,939 Professionals 30310 Sustainability Analyst I 6,958 7,305 7,670 8,054 8,456 Professionals 30320 Sustainability Analyst II 8,214 8,624 9,056 9,509 9,984 Professionals 30265 Systems Analyst 10,264 10,778 11,317 11,882 12,476 Professionals 30501 Transit Planner - Assistant 6,836 7,177 7,533 7,911 8,307 Professionals 30502 Transit Planner - Associate 8,186 8,593 9,021 9,474 9,943 Professionals 30503 Transit Planner - Senior 9,574 10,076 10,609 11,165 11,753 Professionals 30270 Web and Database Administrator 9,793 10,282 10,797 11,337 11,904
SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 5,664 5,924 6,196 6,486 6,783 SEIU 1021 50525 Administrative Assistant II 6,196 6,486 6,783 7,099 7,428 SEIU 1021 50530 Administrative Assistant III 6,783 7,099 7,428 7,776 8,142 SEIU 1021 50290 Building/Code Compliance Inspector 8,172 8,551 8,943 9,353 9,780 SEIU 1021 50201 Building/Code Compliance Inspector - Trainee 7,173 7,508 7,852 8,212 8,589 SEIU 1021 50255 Building Permit Technician 6,485 6,811 7,139 7,469 7,795 SEIU 1021 50251 Building Permit Technician II 7,051 7,393 7,754 8,132 8,529 SEIU 1021 50566 Communications Coordinator 5,817 6,085 6,364 6,662 6,967 SEIU 1021 50256 Community Development Technician 6,356 6,676 6,997 7,320 7,639 SEIU 1021 50351 Facility Maintenance Worker 6,295 6,578 6,875 7,191 7,515 SEIU 1021 50080 Finance Specialist I 5,181 5,412 5,673 5,940 6,216 SEIU 1021 50090 Finance Specialist II 5,673 5,940 6,216 6,516 6,823 SEIU 1021 50100 Finance Specialist III 6,216 6,516 6,823 7,148 7,491 SEIU 1021 50332 Lead Facilities Maintenance Worker 7,377 7,713 8,068 8,426 8,818 SEIU 1021 50323 Lead Vehicle Heavy Equipment Mechanic 7,747 8,099 8,471 8,848 9,259 SEIU 1021 50361 Leisure Services Maintenance Worker 5,338 5,605 5,886 6,180 6,489 SEIU 1021 50360 Maintenance I - Parks & Grounds 5,757 6,029 6,310 6,605 6,919 SEIU 1021 50330 Maintenance I - Streets 6,045 6,330 6,626 6,936 7,265 SEIU 1021 50342 Maintenance II - Parks & Grounds 6,373 6,673 6,984 7,314 7,659 SEIU 1021 50320 Maintenance II - Streets 6,693 7,008 7,333 7,678 8,042 SEIU 1021 50325 Maintenance Trainee - Parks & Grounds 4,933 5,162 5,404 5,654 5,918 SEIU 1021 50350 Maintenance Trainee - Streets 4,933 5,162 5,404 5,654 5,918 SEIU 1021 50200 Neighborhood Preservation Specialist 7,527 7,876 8,237 8,615 9,008 SEIU 1021 50500 Office Specialist I 4,465 4,670 4,876 5,094 5,325 SEIU 1021 50505 Office Specialist II 4,864 5,082 5,313 5,555 5,805 SEIU 1021 50510 Office Specialist III 5,308 5,551 5,801 6,068 6,346 SEIU 1021 50560 Preschool Site Supervisor II 4,457 4,680 4,915 5,161 5,418 SEIU 1021 50291 Public Works Inspector 7,908 8,352 8,756 9,179 9,622 SEIU 1021 50370 Public Works Maintenance II 6,373 6,673 6,984 7,314 7,659 SEIU 1021 50110 Recreation Administrative Technician 6,966 7,314 7,679 8,064 8,467 SEIU 1021 50160 Recreation Program Coordinator 6,340 6,650 6,977 7,323 7,681 SEIU 1021 50600 Recycling Programs Coordinator 6,542 6,860 7,198 7,556 7,925 SEIU 1021 50380 Special Projects Coordinator 5,930 6,210 6,499 6,804 7,127 SEIU 1021 50538 Street Outreach Worker 4,552 4,780 5,019 5,271 5,534 SEIU 1021 50341 Street Sweeper Operator 6,448 6,739 7,043 7,367 7,699 SEIU 1021 50400 Technical Support Specialist I 6,063 6,368 6,674 6,979 7,246 SEIU 1021 50405 Technical Support Specialist II 6,711 7,055 7,398 7,741 8,047 SEIU 1021 50517 Transit Coordinator 7,461 7,810 8,209 8,554 8,956 SEIU 1021 50321 Vehicle Heavy Equipment Mechanic 6,917 7,230 7,561 7,903 8,269 SEIU 1021 50326 Vehicle Equipment Technician 5,475 5,747 6,035 6,337 6,653 SEIU 1021 50536 Youth Employment Coordinator 6,079 6,383 6,703 7,037 7,389 SEIU 1021 50537 Youth Services Specialist 6,200 6,511 6,837 7,178 7,537 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 269 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maintenance Attendant (PT) 27.29 28.65 30.09 31.60 33.19 SEIU 1021 PT 50533 CRS Program Manager (PT) 21.57 22.63 23.77 24.94 26.17 SEIU 1021 PT 50500 Office Specialist I (PT) 25.76 26.94 28.13 29.39 30.72 SEIU 1021 PT 50505 Office Specialist II (PT) 28.06 29.32 30.65 32.05 33.49 SEIU 1021 PT 50510 Office Specialist III (PT) 30.62 32.02 33.47 35.01 36.61 SEIU 1021 PT 50561 Preschool Site Supervisor I (PT) 20.85 21.88 22.98 24.12 25.32 SEIU 1021 PT 50532 Program Coordinator (PT) 36.58 38.36 40.25 42.25 44.31 SEIU 1021 PT 50531 Senior Recreation Leader 17.71 18.62 19.54 20.52 21.57 SEIU 1021 PT 50539 Homeless Program Outreach Worker (PT) 26.26 27.58 28.96 30.41 31.92 SEIU 1021 PT 50538 Street Outreach Worker (PT) 26.26 27.58 28.96 30.41 31.92 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager (PT) 19.93 20.92 21.97 23.07 24.22 Unrep. Gen. PT 60100 Preschool Aide (PT) 15.50 16.27
Unrep. Gen. PT 60090 Preschool Teacher (PT) 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60072 Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26 Unrep. Gen. PT 60232 Recreation Aide (PT) 15.50 16.27
Unrep. Gen. PT 60233 Recreation Leader (PT) 16.61 17.44 18.31 19.22 20.19 Unrep. Gen. PT 60300 Seasonal Maintenance Worker (PT) 22.14 Unrep. Gen. PT 60234 Senior Recreation Leader (PT) 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60600 Intern (PT) 15.50 56.46
Unrep. Gen. PT 60570 Project Specialist (PT) 15.50 116.00 Unrep. Gen. PT 60400 Retired Annuitant (PT) 15.50 133.00 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 270 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING THE SIDE LETTER AGREEMENT
BETWEEN THE CITYOF UNION CITYAND THE MANAGEMENT
EMPLOYEES’GROUP (MEG), APPROVING AMENDMENTS TO THE CITY'S
CLASSIFICATION AND COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5, EFFECTIVE AUGUST 7, 2023, AND AMENDING THE FISCALYEAR 2023-2024 BUDGET
Staff recommends that the City Counciladopt a resolution approving the Side Letter Agreement between the City of Union City (the “City”) and Management Employees’ Group ("MEG"), approving amendments to the City's Classification and Compensation Plan, effective August 7, 2023, and appropriating $39,000.00 to the appropriate salary accounts.
STRATEGIC PLAN ALIGNMENT
This action supports Strategy 8 of Goal B, Governance and Organization Effectiveness, by ensuring salaries are competitive in order to attract qualified candidates and to retain talented staff.
BACKGROUND
The City and MEG (the “Parties”) are parties to a Memorandum of Understanding covering the period of January 1, 2022, through December 31, 2024 (the “MOU”). The Parties entered into a side letter agreement entitled “City of Union City and Union City Management Employees’ Group Side Letter of Agreement Salary Survey” (the “Prior Side Letter”), which provided that the City would engage a consultant to conduct a compensation survey and provided for related actions. The City contracted with Ralph Anderson and Associates to conduct a survey which began in October 2022. Subsequent to obtaining the comprehensive data, City staff and MEG have been negotiating in good faith pursuant to the terms of the Prior Side Letter. Both parties had a chance to meet and confer regarding the results of the salary survey and the proposed market equity adjustments and reached a tentative agreement as reflected in the attached Side Letter Agreement.
City Council/RSA Agenda 271 Tuesday, July 25, 2023
DISCUSSION
As noted above, the City’s consultant conducted a salary survey. The results found that some market equity adjustments were in order. The proposed market equity adjustments affect 4 of the 13 MEG classifications within the City’s Classification and Compensation Plan providing adjustments that range from 4.4% – 8.2% as shown in the attached Side Letter Agreement.
The Existing MOU expires on December 31, 2024. The MEG membership ratified the Side Letter Agreement on July 20, 2023. The market equity adjustments will become effective on August 7, 2023, the first full pay period after approval by the City Council.
FISCAL IMPACT
The estimated annualcost associated with the market equity adjustments provided for in the Side Letter Agreement is approximately $39,000.00 and funding for these adjustments was not included in the adopted FY 2023-2024 budget.
RECOMMENDATION
Staff recommends that the City Counciladopt a resolution approving the Side Letter Agreement between the City of Union City and the Management Employees’ Group (MEG), approving amendments to the City’s Classification and Compensation Plan, effective August 7, 2023, and appropriating $39,000.00. The proposed resolution authorizes the City Manager to execute the Side Letter Agreement on behalf of the City.
Prepared by:
Jason Castleberry, Human Resources Director
Submitted by:
Jason Castleberry, Human Resources Director
ATTACHMENTS:
Description Type
Resolution - Management Employees Group (MEG) Resolution MEGSide Letter Market Equity Adjustments Exhibit
Exhibit A to the Side LetterAgreement Exhibit
Exhibit to the Resolution - Classification and Compensation Plan Exhibit City Council/RSA Agenda 272 Tuesday, July 25, 2023
RESOLUTION NO. XXXX-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UNION CITY APPROVING THE SIDE LETTER
AGREEMENT BETWEEN THE CITY OF UNION CITY AND
THE MANAGEMENT EMPLOYEES’ GROUP (MEG),
APPROVING AMENDMENTS TO THE CITY’S
CLASSIFICATION AND COMPENSATION PLAN IN
CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5, EFFECTIVE
AUGUST 7, 2023, AND AMENDING THE FY 2023-2024
BUDGET
WHEREAS, the current Memorandum of Understanding between the City of Union City (the “City”) and Management Employees’ Group (MEG) effective January 1, 2022, through December 31, 2024, is currently in effect (the “MOU”); and WHEREAS, pursuant to a side letter agreement entitled “City of Union City and Union City Management Employees’ Group Side Letter of Agreement Salary Survey”, the City’s consultant completed a salary survey and the City Manager, or her designee, has met and conferred regarding the proposed market equity adjustments; and WHEREAS, the parties wish to enter into a Side Letter Agreement clarifying and memorializing the Parties’ agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves the Side Letter Agreement to the MOU, attached hereto and incorporated herein by reference, and authorizes the City Manager to execute the Side Letter Agreement and to take such further actions as may be necessary to implement the Side Letter Agreement to the MOU, including any necessary non-substantive modifications.
BE IT FURTHER RESOLVED, that the City Council of the City of Union City hereby approves amendments to the City’s Classification and Compensation Plan, effective August 7, 2023, to include the market equity adjustments reflected in Exhibit A to the Side Letter Agreement.
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby approves the appropriation of $39,000.00 to the appropriate salary accounts.
City Council/RSA Agenda 273 Tuesday, July 25, 2023
1 Side Letter to the Memorandum of Understanding
Between
The City of Union City
and
Management Employees’ Group
The City of Union City (“City”) and the Management Employees Group (MEG), (collectively the “Parties”) enter into this Side Letter Agreement to the Parties’ Memorandum of Understanding effective January 1, 2022, through December 31, 2024 (MOU), to include the market equity adjustments reflected in Exhibit A, attached hereto.
WHEREAS, the Parties entered into a side letter agreement entitled “City of Union City and Union City Management Employees’ Group Side Letter Agreement Salary Survey” (the “prior Side Letter”); and
WHEREAS, the City completed a salary survey and met and conferred with MEG pursuant to the terms of the prior Side Letter Agreement; and
WHEREAS, the City will provide market equity adjustments as a result of a salary survey conducted; and
WHEREAS, the comprehensive data obtained through the salary survey will be used to update the Classification and Compensation Plan; and
WHEREAS, the Parties wish to enter into this Side Letter Agreement clarifying and memorializing the Parties’ agreement and satisfying the Parties’ obligations under the prior Side Letter Agreement.
NOW, THEREFORE, the Parties agree that the Parties have satisfied their obligations under the prior Side Letter Agreement and the City agree to amend Section 2.C.1, Salary Surveys and Cost of Living Adjustments, of the MOU, effective August 7, 2023, to include the market equity adjustments reflected in Exhibit A, attached hereto.
FOR THE CITY: FOR MEG:
_______________________________________ _______________________________________ Joan Malloy Date Francisco Gomez Date
City Manager
_______________________________________ _______________________________________ Jason Castleberry Date Gloria Ortega Date
Human Resources Director
______________________________________
Derek Farmer Date
City Council/RSA Agenda 274 Tuesday, July 25, 2023
2 ______________________________________
Lisa Bachmann Date
______________________________________
Paul Roman Date
City Council/RSA Agenda 275 Tuesday, July 25, 2023
Exhibit A
Modify Section 2.C.1 SALARY – EQUITY ADJUSTMENTS to include Salary Equity Adjustments identified as part of the Salary Survey conducted and which are indicated below:
Section 2.C.1 SALARY – EQUITY ADJUSTMENTS
• Salary Equity Adjustments shall be implemented in the following manner, effective August 7, 2023:
Job Code Class Title % Increase
20080 Management Analyst I 0.00%
20090 Management Analyst II 0.00%
20100 Management Analyst III 0.00%
20310 IT Manager 0.00%
20350 Supervising Accountant 0.00%
20360 Budget Manager/Purchasing Agent 0.00%
20370 Revenue Collections Manager 0.00%
20450 CRS Manager 0.00%
20500 Intervention Counselor I 0.00%
20505 Clinical Supervisor 8.00%
20508 Community Services Manager 8.00%
20540 HCD Manager 0.00%
20560 Planning Manager 0.00%
20590 Chief Building Official/Sr. Plans Examiner 0.00%
20600 Environmental Program Manager 0.00%
20630 Economic Development Manager 4.40%
20650 Communications & Marketing Manager 0.00%
20700 Recycling & Solid Waste Prog Manager 0.00%
20730 Public Works Superintendent 0.00%
20800 Cyber Security Manager 0.00%
20810 City Engineer 8.20%
20860 Principal Civil Engineer 0.00%
20910 PW Streets Supervisor 0.00%
20911 Fleet Supervisor 0.00%
20912 Transit Manager 0.00%
20920 PW Grounds Supervisor 0.00%
The City commits to conducting a Salary Survey prior to the expiration of the January 1, 2022 through December 31, 2024 MOU and prior to the start of the negotiation process. The results of the completed total compensation and benefits survey will be for the sole purpose of meeting and conferring over potential equity adjustments during negotiations for a successor agreement between the parties.
City Council/RSA Agenda 276 Tuesday, July 25, 2023
Amendment #2: July 11, 2023 - Reso. No. 6158-23
Amendment #3: July 25, 2023 - Reso. No. XXXX-23
Amendment #4: July 25, 2023 - Reso. No. XXXX-23
Amendment #1: June 20, 2023 - Reso. No. 6146-23
City of Union City
Classification and Compensation Plan
FY 2023-2024
Effective: August 7, 2023
City Council/RSA Agenda 277 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 26,492
UNREPRESENTED Min. Range Max.
Dept. Heads 20015 Assistant City Manager/Chief Financial Officer 17,514 21,049 Dept. Heads 20020 Deputy City Manager 16,874 20,240
Dept. Heads 20470 Community & Recreation Services Director 16,455 19,729 Dept. Heads 20515 Economic & Community Development Director 16,455 19,729 Dept. Heads 20275 Finance Director 16,455 19,729
Dept. Heads 20280 Human Resources Director 16,455 19,729 Dept. Heads 20290 Information Technology Director 16,455 19,729 Dept. Heads 40010 Police Chief 21,496 22,356 23,250 24,180 25,147 Dept. Heads 20710 Public Works Director 16,765 20,108
Unrep Mgmt 21050 Assistant to the City Manager 14,210 17,064 Unrep Mgmt 21185 Chief Human Resources Officer 14,922 17,918 Unrep Mgmt 21315 Chief Technology Officer 14,922 17,918 Unrep Mgmt 20030 City Clerk 11,797 12,336 12,905 13,501 14,127 Unrep Mgmt 20145 Human Resources Analyst I 7,987 8,337 8,706 9,093 9,500 Unrep Mgmt 20155 Human Resources Analyst II 9,766 10,208 10,671 11,154 11,664 Unrep Mgmt 20180 Human Resources Manager 12,471 13,046 13,645 14,278 14,940 Unrep Mgmt 20930 Supervising Construction Inspector 10,128 10,587 11,070 11,577 12,109 Unrep Non-Mgmt 21010 Administrative Specialist - Confidential 6,823 7,166 7,524 7,901 8,297 Unrep Non-Mgmt 30800 Human Resources Technician 7,195 7,556 7,925 8,330 8,742
MANAGEMENT EMPLOYEES' GROUP (MEG)
Management 20360 Budget Manager/Purchasing Agent 11,878 12,425 12,996 13,598 14,228 Management 20590 Chief Building Official/Senior Plans Examiner 13,666 14,294 14,958 15,650 16,381 Management 20810 City Engineer 15,353 16,069 16,821 17,607 18,435 Management 20505 Clinical Supervisor 9,126 9,530 9,954 10,399 10,866 Management 20650 Communications & Marketing Manager 11,375 11,937 12,499 13,053 13,616 Management 20450 Community & Recreation Services Manager 11,980 12,530 13,110 13,717 14,355 Management 20508 Community Services Manager 10,938 11,435 11,956 12,503 13,078 Management 20800 Cyber Security Manager 12,315 12,870 13,451 14,049 14,690 Management 20630 Economic Development Manager 11,876 12,462 13,049 13,628 14,215 Management 20600 Environmental Program Manager 12,285 12,852 13,446 14,070 14,725 Management 20911 Fleet Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20540 Housing & Community Development Manager 12,183 12,745 13,333 13,951 14,600 Management 20310 Information Technology Manager 14,210 14,870 15,565 16,296 17,064 Management 20500 Intervention Counselor I 7,202 7,516 7,841 8,186 8,546 Management 20080 Management Analyst I 7,987 8,337 8,706 9,093 9,500 Management 20090 Management Analyst II 9,766 10,208 10,671 11,154 11,664 Management 20100 Management Analyst III 11,878 12,425 12,996 13,598 14,228 Management 20560 Planning Manager 13,015 13,614 14,245 14,905 15,600 Management 20860 Principal Civil Engineer 12,726 13,314 13,932 14,582 15,260 Management 20920 Public Works Grounds Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20910 Public Works Streets Supervisor 10,658 11,145 11,652 12,188 12,748 Management 20730 Public Works Superintendent 12,388 12,957 13,559 14,187 14,850 Management 20700 Recycling & Solid Waste Program Manager 11,066 11,573 12,106 12,664 13,250 Management 20620 Redevelopment Manager 12,285 12,852 13,446 14,070 14,725 Management 20370 Revenue Collections Manager 11,878 12,425 12,996 13,598 14,228 Management 20350 Supervising Accountant 11,087 11,593 12,124 12,682 13,267 Management 20912 Transit Manager 11,980 12,530 13,110 13,717 14,355 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 278 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 17,690 18,524 19,398 20,316 21,281 Police Mgmt. 40040 Police Lieutenant 14,997 15,731 16,503 17,320 18,178 Police Mgmt. 40015 Deputy Police Chief 18,556 19,426 20,341 21,297 22,307 Police Mgmt. 40045 Police Commander 15,742 16,508 17,315 18,168 19,064
POLICE OFFICERS' ASSOCIATION (POA)
UCPOA 40220 Community Relations Officer 7,050 7,403 7,772 8,162 8,571 UCPOA 40095 Community Resources Coordinator 6,117 6,424 6,745 7,081 7,435 UCPOA 40090 Community Service Aide 6,035 6,304 6,587 6,885 7,199 UCPOA 40240 Confidential Operations Assistant 7,022 7,374 7,743 8,129 8,537 UCPOA 40080 Crime Analyst 8,571 9,000 9,449 9,923 10,418 UCPOA 40070 Dispatch Clerk 6,673 6,857 7,165 7,492 7,833 UCPOA 40170 Dispatch Clerk Trainee 5,778
UCPOA 40241 Executive Assistant to the Police Chief 7,022 7,374 7,743 8,129 8,537 UCPOA 40063 Personnel and Training Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40130 Police Corporal 11,867
UCPOA 40230 Police Department Office Coordinator 6,074 6,380 6,698 7,033 7,386 UCPOA 40140 Police Office Assistant 5,537 5,814 6,105 6,410 6,731 UCPOA 40050 Police Officer 8,620 9,018 9,426 9,827 10,321 10,838 11,379 UCPOA 40150 Police Officer Recruit I 6,907
UCPOA 40160 Police Officer Recruit II 8,187
UCPOA 40060 Police Records Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40030 Police Sergeant 11,650 12,173 12,714 13,349 14,017 UCPOA 40120 Prisoner Transportation Officer 6,035 6,304 6,587 6,885 7,199 UCPOA 40100 Property & Evidence Specialist 6,035 6,304 6,587 6,885 7,199 UCPOA 40065 Property & Evidence Supervisor 7,050 7,403 7,772 8,162 8,571 UCPOA 40110 Public Services Officer I 6,117 6,424 6,745 7,081 7,435 UCPOA 40180 Public Services Officer II 6,440 6,763 7,101 7,454 7,828 POA REPRESENTED PART-TIME (hourly rates shown)
UCPOA PT 40070 Dispatcher Clerk (PT) 38.50 39.56 41.34 43.22 45.19 UCPOA PT 40120 Prisoner Transportation Officer (PT) 34.82 36.37 38.00 39.72 41.53 UCPOA PT 40181 Public Services Officer I (PT) 35.29 37.06 38.91 40.85 42.89 UCPOA PT 40182 Public Services Officer II (PT) 37.15 39.02 40.97 43.00 45.16 PD UNREPRESENTED PART-TIME (hourly rates shown) Min. Range Max.
Unrep. Police PT 60120 Police Cadet 16.39 17.20 18.06
Unrep. Police PT 60150 Police Officer Trainee 44.00
PROFESSIONAL EMPLOYEES' GROUP (PEG)
Professionals 30060 Accountant 8,005 8,404 8,816 9,266 9,726 Professionals 30250 Assistant Planner 7,119 7,474 7,845 8,239 8,650 Professionals 30230 Associate Planner 8,283 8,695 9,128 9,586 10,063 Professionals 30053 Building Code Compliance Coordinator 10,703 11,261 11,822 12,380 12,939 Professionals 30090 Case Manager 6,337 6,653 6,985 7,335 7,702 Professionals 30600 Economic Development Coordinator 9,603 10,088 10,539 11,024 11,510 Professionals 30275 Emergency Services Coordinator 8,810 9,250 9,705 10,192 10,702 Professionals 30150 Engineer I (Civil) 7,853 8,241 8,655 9,090 9,543 Professionals 30130 Engineer II (Civil) 8,722 9,158 9,604 10,093 10,594 Professionals 30120 Engineer III (Civil) 9,971 10,469 10,986 11,536 12,113 Professionals 30030 Environmental Analyst I 7,060 7,414 7,783 8,175 8,584 Professionals 30031 Environmental Analyst II 7,969 8,389 8,831 9,295 9,785 Professionals 30040 Environmental Programs Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30095 Homeless Program Coordinator/Case Manager 6,179 6,510 6,840 7,172 7,540 Professionals 30080 Intervention Counselor 6,570 6,899 7,245 7,608 7,988 Professionals 30185 Lead Construction Inspector 9,605 10,069 10,498 10,997 11,498 Professionals 30066 Lead Payroll Technician 7,891 8,248 8,677 9,105 9,605 Professionals 30065 Payroll Technician 7,503 7,877 8,263 8,684 9,114 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 279 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 PROFESSIONAL EMPLOYEES' GROUP (PEG) (CONT.)
Professionals 30100 Recreation Supervisor 7,906 8,302 8,716 9,151 9,608 Professionals 30020 Senior Accountant 9,255 9,727 10,213 10,718 11,247 Professionals 30055 Senior Building/Code Compliance Inspector 9,533 10,035 10,562 11,116 11,703 Professionals 30210 Senior Planner 9,574 10,076 10,609 11,165 11,753 Professionals 30400 Senior Recreation Supervisor 9,284 9,736 10,211 10,710 11,232 Professionals 30260 Senior Systems Analyst 10,703 11,261 11,822 12,380 12,939 Professionals 30310 Sustainability Analyst I 6,958 7,305 7,670 8,054 8,456 Professionals 30320 Sustainability Analyst II 8,214 8,624 9,056 9,509 9,984 Professionals 30265 Systems Analyst 10,264 10,778 11,317 11,882 12,476 Professionals 30501 Transit Planner - Assistant 6,836 7,177 7,533 7,911 8,307 Professionals 30502 Transit Planner - Associate 8,186 8,593 9,021 9,474 9,943 Professionals 30503 Transit Planner - Senior 9,574 10,076 10,609 11,165 11,753 Professionals 30270 Web and Database Administrator 9,793 10,282 10,797 11,337 11,904
SERVICE EMPLOYEES' INTERNATIONAL UNION (SEIU)
SEIU 1021 50520 Administrative Assistant I 5,664 5,924 6,196 6,486 6,783 SEIU 1021 50525 Administrative Assistant II 6,196 6,486 6,783 7,099 7,428 SEIU 1021 50530 Administrative Assistant III 6,783 7,099 7,428 7,776 8,142 SEIU 1021 50290 Building/Code Compliance Inspector 8,172 8,551 8,943 9,353 9,780 SEIU 1021 50201 Building/Code Compliance Inspector - Trainee 7,173 7,508 7,852 8,212 8,589 SEIU 1021 50255 Building Permit Technician 6,485 6,811 7,139 7,469 7,795 SEIU 1021 50251 Building Permit Technician II 7,051 7,393 7,754 8,132 8,529 SEIU 1021 50566 Communications Coordinator 5,817 6,085 6,364 6,662 6,967 SEIU 1021 50256 Community Development Technician 6,356 6,676 6,997 7,320 7,639 SEIU 1021 50351 Facility Maintenance Worker 6,295 6,578 6,875 7,191 7,515 SEIU 1021 50080 Finance Specialist I 5,181 5,412 5,673 5,940 6,216 SEIU 1021 50090 Finance Specialist II 5,673 5,940 6,216 6,516 6,823 SEIU 1021 50100 Finance Specialist III 6,216 6,516 6,823 7,148 7,491 SEIU 1021 50332 Lead Facilities Maintenance Worker 7,377 7,713 8,068 8,426 8,818 SEIU 1021 50323 Lead Vehicle Heavy Equipment Mechanic 7,747 8,099 8,471 8,848 9,259 SEIU 1021 50361 Leisure Services Maintenance Worker 5,338 5,605 5,886 6,180 6,489 SEIU 1021 50360 Maintenance I - Parks & Grounds 5,757 6,029 6,310 6,605 6,919 SEIU 1021 50330 Maintenance I - Streets 6,045 6,330 6,626 6,936 7,265 SEIU 1021 50342 Maintenance II - Parks & Grounds 6,373 6,673 6,984 7,314 7,659 SEIU 1021 50320 Maintenance II - Streets 6,693 7,008 7,333 7,678 8,042 SEIU 1021 50325 Maintenance Trainee - Parks & Grounds 4,933 5,162 5,404 5,654 5,918 SEIU 1021 50350 Maintenance Trainee - Streets 4,933 5,162 5,404 5,654 5,918 SEIU 1021 50200 Neighborhood Preservation Specialist 7,527 7,876 8,237 8,615 9,008 SEIU 1021 50500 Office Specialist I 4,465 4,670 4,876 5,094 5,325 SEIU 1021 50505 Office Specialist II 4,864 5,082 5,313 5,555 5,805 SEIU 1021 50510 Office Specialist III 5,308 5,551 5,801 6,068 6,346 SEIU 1021 50560 Preschool Site Supervisor II 4,457 4,680 4,915 5,161 5,418 SEIU 1021 50291 Public Works Inspector 7,908 8,352 8,756 9,179 9,622 SEIU 1021 50370 Public Works Maintenance II 6,373 6,673 6,984 7,314 7,659 SEIU 1021 50110 Recreation Administrative Technician 6,966 7,314 7,679 8,064 8,467 SEIU 1021 50160 Recreation Program Coordinator 6,340 6,650 6,977 7,323 7,681 SEIU 1021 50600 Recycling Programs Coordinator 6,542 6,860 7,198 7,556 7,925 SEIU 1021 50380 Special Projects Coordinator 5,930 6,210 6,499 6,804 7,127 SEIU 1021 50538 Street Outreach Worker 4,552 4,780 5,019 5,271 5,534 SEIU 1021 50341 Street Sweeper Operator 6,448 6,739 7,043 7,367 7,699 SEIU 1021 50400 Technical Support Specialist I 6,063 6,368 6,674 6,979 7,246 SEIU 1021 50405 Technical Support Specialist II 6,711 7,055 7,398 7,741 8,047 SEIU 1021 50517 Transit Coordinator 7,461 7,810 8,209 8,554 8,956 SEIU 1021 50321 Vehicle Heavy Equipment Mechanic 6,917 7,230 7,561 7,903 8,269 SEIU 1021 50326 Vehicle Equipment Technician 5,475 5,747 6,035 6,337 6,653 SEIU 1021 50536 Youth Employment Coordinator 6,079 6,383 6,703 7,037 7,389 SEIU 1021 50537 Youth Services Specialist 6,200 6,511 6,837 7,178 7,537 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 280 Tuesday, July 25, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities Maintenance Attendant (PT) 27.29 28.65 30.09 31.60 33.19 SEIU 1021 PT 50533 CRS Program Manager (PT) 21.57 22.63 23.77 24.94 26.17 SEIU 1021 PT 50500 Office Specialist I (PT) 25.76 26.94 28.13 29.39 30.72 SEIU 1021 PT 50505 Office Specialist II (PT) 28.06 29.32 30.65 32.05 33.49 SEIU 1021 PT 50510 Office Specialist III (PT) 30.62 32.02 33.47 35.01 36.61 SEIU 1021 PT 50561 Preschool Site Supervisor I (PT) 20.85 21.88 22.98 24.12 25.32 SEIU 1021 PT 50532 Program Coordinator (PT) 36.58 38.36 40.25 42.25 44.31 SEIU 1021 PT 50531 Senior Recreation Leader 17.71 18.62 19.54 20.52 21.57 SEIU 1021 PT 50539 Homeless Program Outreach Worker (PT) 26.26 27.58 28.96 30.41 31.92 SEIU 1021 PT 50538 Street Outreach Worker (PT) 26.26 27.58 28.96 30.41 31.92 UNREPRESENTED PART-TIME (hourly rates shown)
Unrep. Gen. PT 60069 CRS Program Manager (PT) 19.93 20.92 21.97 23.07 24.22 Unrep. Gen. PT 60100 Preschool Aide (PT) 15.50 16.27
Unrep. Gen. PT 60090 Preschool Teacher (PT) 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60072 Program Coordinator (PT) 23.25 24.41 25.63 26.91 28.26 Unrep. Gen. PT 60232 Recreation Aide (PT) 15.50 16.27
Unrep. Gen. PT 60233 Recreation Leader (PT) 16.61 17.44 18.31 19.22 20.19 Unrep. Gen. PT 60300 Seasonal Maintenance Worker (PT) 22.14 Unrep. Gen. PT 60234 Senior Recreation Leader (PT) 17.71 18.60 19.53 20.51 21.53 Unrep. Gen. PT 60600 Intern (PT) 15.50 56.46
Unrep. Gen. PT 60570 Project Specialist (PT) 15.50 116.00 Unrep. Gen. PT 60400 Retired Annuitant (PT) 15.50 133.00 City of Union City - Classification and Compensation Plan City Council/RSA Agenda 281 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION APPOINTING INDIVIDUALS TO SERVE ON THE
ARTS & CULTURE COMMISSION, BICYCLE PEDESTRIAN ADVISORY
COMMITTEE, ECONOMIC DEVELOPMENT ADVISORY TEAM, HUMAN
RELATIONS COMMISSION, AND PARK & RECREATION COMMISSION
Staff has prepared Resolutions appointing individuals to serve on Arts & Culture Commission, Bicycle Pedestrian Advisory Committee, Economic Development Advisory Team, Human Relations Commission, and Park & Recreation Commission.
STRATEGIC PLAN ALIGNMENT
Goal E. Communication and Outreach: Build strong connections with community partners, residents and employees.
BACKGROUND
A recruitment process was initiated for the scheduled term expirations, existing vacancies and unscheduled vacancies on the noted boards, commissions and committees.
Interested parties were asked to submit applications to the City Clerk. Councilmembers conducted interviews on July 18 and 19, 2023.
DISCUSSION
Board and commission members are appointed by the Mayor with approval of the City Council. At the request of Mayor Dutra-Vernaci, a resolution has been prepared reappointing/appointing the following individuals:
City Council/RSA Agenda 282 Tuesday, July 25, 2023
Arts & Culture Commission
Appoint Anish Mohanty to a four (4) year term expiring July 25, 2027 Appoint Manjit Gillas Alternate to a four (4) year term expiring July 25, 2027 Bicycle Pedestrian Advisory Committee
Reappoint Jo Ann Lew to a four (4) year term expiring June 13, 2027 Reappoint Steve Nichols to a four (4) year term expiring June 13, 2027 Reappoint Glenn Kirby to a four (4) year term expiring June 13, 2027 Reappoint Timothy Swenson to a four (4) year term expiring June 13, 2027 Appoint Vanessa McDonnell to four (4) year term expiring July 25, 2027 Economic Development Advisory Team
Appoint Lee Guio (business representative) to a four (4) year term expiring July 25, 2027 Appoint Arun Coumar (resident) to a four (4) year term expiring July 25, 2027 Appoint Robert Singer (resident) to a four (4) year term expiring July 25, 2027 Human Relations Commission
Reappoint Jonathan Pettey to a four (4) year term expiring June 25, 2027 Appoint Ali Jaweed to a four (4) year term expiring July 25, 2027 Reappoint Bridget Uzoew as Alternate to a four (4) year term expiring June 25, 2027 Parks & Recreation Commission
Appoint Madhu Singh to a four (4) year term expiring July 25, 2027 Appoint Santiago Gonzalez as Alternate to a four (4) year term expiring July 25, 2027 Appoint Francisco Elizando as Alternate to a four (4) year term expiring July 25, 2027
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Staff recommends City Council consider adopting the resolution appointing individuals to serve on the Arts & Culture Commission, Bicycle Pedestrian Advisory Committee, Economic Development Advisory Team, Human Relations Commission, and Park & Recreation Commission.
Prepared by:
Anna M. Brown, City Clerk
Submitted by:
Anna M. Brown, City Clerk
ATTACHMENTS:
Description Type
Resolution Resolution
City Council/RSA Agenda 283 Tuesday, July 25, 2023
RESOLUTION NO. XXXX-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
APPOINTING/REAPPOINTING INDIVIDUALS TO SERVE ON THE ARTS & CULTURE
COMMISSION, BICYCLE PEDESTRIAN ADVISORY COMMITTEE, ECONOMIC
DEVELOPMENT ADVISORY TEAM, HUMAN RELATIONS COMMISSION, AND
PARKS & RECREATION COMMISSION
WHEREAS, there are a number of vacancies on the City’s Boards, Commissions, Committees due to membership reconstitution, term expirations and unscheduled vacancies; and WHEREAS, a recruitment process was initiated and the City Council conducted interviews on July 18 and 19, 2023;
WHEREAS, Board and commission members are appointed by the Mayor with approval of the City Council.
NOW THEREFORE BE IT RESOLVED, that the following individuals are hereby appointed/reappointed to serve on the various boards, commissions, committees:
Arts & Culture Commission
Appoint Anish Mohanty to a four (4) year term expiring July 25, 2027 Appoint Manjit Gill as Alternate to a four (4) year term expiring July 25, 2027 Bicycle Pedestrian Advisory Committee
Reappoint Jo Ann Lew to a four (4) year term expiring June 13, 2027 Reappoint Steve Nichols to a four (4) year term expiring June 13, 2027 Reappoint Glenn Kirby to a four (4) year term expiring June 13, 2027 Reappoint Timothy Swenson to a four (4) year term expiring June 13, 2027 Appoint Vanessa McDonnell to four (4) year term expiring July 25, 2027 Economic Development Advisory Team
Appoint Lee Guio (business representative) to a four (4) year term expiring July 25, 2027 Appoint Arun Coumar (resident) to a four (4) year term expiring July 25, 2027 Appoint Robert Singer (resident) to a four (4) year term expiring July 25, 2027 Human Relations Commission
Reappoint Jonathan Pettey to a four (4) year term expiring June 25, 2027 Appoint Ali Jaweed to a four (4) year term expiring July 25, 2027 Reappoint Bridget Uzoew as Alternate to a four (4) year term expiring June 25, 2027 Parks & Recreation Commission
Appoint Madhu Singh to a four (4) year term expiring July 25, 2027 Appoint Santiago Gonzalez as Alternate to a four (4) year term expiring July 25, 2027 Appoint Francisco Elizando as Alternate to a four (4) year term expiring July 25, 2027 City Council/RSA Agenda 284 Tuesday, July 25, 2023
PASSED, APPROVED AND ADOPTED by the City Council of the City of Union City at a special meeting held on the 25th day of July 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 285 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: STUDY SESSION TO RECEIVE DIRECTION FROM CITY COUNCIL ON
POSSIBLE AMENDMENTS TO THE TOBACCO RETAIL LICENSE
ORDINANCE AND OTHER ORDINANCES THAT GOVERN THE SALE
AND LOCATION OF THE TOBACCO RETAILERS.
Staff recommends that the City Council hold a study session and provide direction on possible amendments to the Tobacco Retail License Ordinance and other ordinances that govern the sale and location of the tobacco retailers. Tobacco uses and licenses are regulated through Chapter 5.42 and Title 18 Zoning, of the Union City Municipal Code.
STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan alignment associated with this agenda item.
BACKGROUND
On January 11, 2022 (Attachment 1) a staff report was brought to City Council requesting policy direction regarding an update to the Tobacco Retail License Ordnance. This report was in response to the Youth Commission’s September 14, 2021, presentation, and recommendation to further restrict the sale tobacco retail sales. The Youth Commission worked in collaboration with Breathe California, UCAN-ACT Initiative, which provided the support for the Youth Commission to form a working group called, Tackle Tobacco Workgroup. The group researched and developed the following four recommendations for the Youth Commission to bring forward to the City Council:
1. Ban the sale of all flavored tobacco products, including mentholcigarettes.
2. Ban the sale of electronic smoking devices/vapes and related paraphernalia.
3. Ban the sale of tobacco products in pharmacies.
4. Strengthen the minimum price and/or pack size requirement for tobacco products.
City Council/RSA Agenda 286 Tuesday, July 25, 2023
Currently, Union City has a Tobacco Retail License Ordinance that can be found here: Chapter 5.42 Tobacco Retailers. The enabling ordinance was adopted in 2010, Ordinance 741-10 (Attachment 2) and amended in 2013, Ordinance 791-13 (Attachment 3).
Among other things, the Tobacco Retail License Ordinance establishes a minimum package size for cigars of at least five (except cigars costing at least $5.00 can be sold individually) and prohibits the non-sale distribution of tobacco products and distribution of tobacco product coupons. Tobacco products include electronic cigarettes and vaping devices. The City’s Zoning Ordinance, Chapter 18.36.0404, also provides that tobacco retailers must be at least 1,000 feet from parks, playgrounds, public libraries, recreation centers, religious institutions, and school or youth-oriented establishments.
Union City has 38 active tobacco retail license holders within the city limits. They are comprised of eight convenience stores, one department store chain, 10 liquor stores, one pharmacy, nine service stations, eight grocery stores and one tobacco specialty store. Attached is a list of all of the tobacco licensees within the City and their locations (Attachment 4). Some national retailers with pharmacies in Union City already prohibit the sale of tobacco products, including Union City Walmart and Union City Safeway. Both Walmart and Safeway recently stopped tobacco sales, though each still carry a Tobacco Retail License. Other retailers continue to sell tobacco products including Lucky’s and Rite Aid.
At the January 11, 2022, City Council meeting, the Council concluded that possible amendments to the ordinance should be considered after the November 8, 2022, election. A proposition that upheld Senate Bill 793, which banned the sale of flavored tobacco, including menthol cigarettes, was anticipated to be on the ballot. The resulting Proposition 31 to ban the sale of flavored tobacco products was supported by California voters. The law went into effect on January 1, 2023 (Attachment 5) and accomplished one of the Youth Commission’s recommendations.
Support to further regulate tobacco sales within the community continues to grow, including the Union City Youth Commission, Alameda County Public Health Department’s Tobacco Control Program, and New Haven Unified School District that passed Resolution No. 030-2122 in 2022, calling on the City Council to strengthen the current tobacco ordinance to keep youth from accessing tobacco products.
DISCUSSION
With the passage of the Proposition 31 that banned the sale of flavored tobacco products statewide, there are four remaining recommendations from the Youth Commission, including:
1. Ban the sale of all flavored tobacco products, including mentholcigarettes COMPLETED.
2. Ban the sale of electronic smoking devices/vapes and related paraphernalia.
3. Ban the sale of tobacco products in pharmacies, no grandfathering.
4. Increase the minimum price for tobacco products.
5. Increase the minimum size requirement for tobacco products.
To assist the City Council in the evaluation of remaining Youth Commission recommendations, (Attachment 6), a table is attached that summarizes the status of Alameda County and Alameda County cities’ tobacco regulations. This table was provided by the Alameda County Public Health Department Tobacco Control Program.
Ban on the sale of electronic smoking devices: Alameda County and the cities of Dublin, Hayward, Livermore, and Pleasanton.
City Council/RSA Agenda 287 Tuesday, July 25, 2023
Note, the ban on electronic smoking devices would not apply to cannabis dispensaries.
Ban on the sale of tobacco products at pharmacies: Alameda County and the cities of Albany, Berkeley, Hayward, and Oakland.
Increase the minimum pack size of more than five products: Alameda County and the cities of Albany, Berkeley, Oakland, and Pleasanton have minimum pack sizes of 20.
Cities that have a minimum pack size of five products or more include Alameda, Fremont, San Leandro, and Union City.
Cities with no minimum pack size include Emeryville, Dublin, Newark, and Piedmont.
The recommendation from the Youth Commission is to increase the minimum pack size of little cigars to 20 per pack.
Minimum price for products: Alameda County and cities of Alameda, Albany, Berkeley, Fremont, Hayward, Oakland, Pleasanton, San Leandro, and Union City have a minimum price threshold for some tobacco products.
Several cities have variable minimum prices, depending on the product. The minimum costs range is between $5.00 and $8.00. Union City’s minimum cost is limited to $5.00 for single cigars.
Cities without minimum prices for tobacco products are Dublin, Emeryville, Livermore, Newark, and Piedmont.
The recommendation from the Youth Commission is to increase the price to a minimum of $8.00 per pack.
Beyond the recommendations made by the Youth Commission, the Alameda County Public Health Department Tobacco Control Program is also suggesting that the City Council consider additional regulations on the sale of tobacco, including:
Prohibit Tobacco Retail Licenses within 500 feet of another existing tobacco retailers.
This would impact several existing retail locations where there may be existing tobacco retail licenses in one shopping center, including grocery stores, gas stations, and liquor stores. The Four Corners area is an example of a location where there may be several tobacco retailers within a 500-foot proximity of each other. As a business is sold or closed, the Tobacco Retail License would be lost if the business was within 500 feet of another licensed establishments.
Limit the total number of tobacco retail licenses to 1 per 2,500 residents.
This regulation would require a method to reduce the number of retail licenses in Union City from the existing 38 to 28. To accomplish this, when a business is sold or closed, the Tobacco Retail License would not transfer. For example, if a services station or liquor store was sold, the license would be discontinued in order to reduce the total number of licenses.
Increase the citation fines for violations.
City Council/RSA Agenda 288 Tuesday, July 25, 2023
The violations and revocation of a license is outlined in Chapter 5.42.110 of the Tobacco Retail Ordinance.
The current violation structure is as follows:
1. First violation is a written warning and 30 days to correct the violation.
2. Second violation is a 30-day license suspension.
3. Third violation is a 90-day license suspension.
4. Fourth violation is a license revocation and no new license issued for five years.
5. Violators are subject to a $250-$1,000 fine.
Alameda County Public Health Department Tobacco Control Program suggests that citation, fines and penalties for the sale of tobacco products be increased. The recommended violation structure is as follows:
1. First violation is a 30-day suspension, plus $250 fine.
2. Second violation is a 90-day license, plus a $500 fine.
3. Third violation is a one-year license suspension plus $1,000 fine.
4. Fourth violation is a license renovation and no new license issued for five years.
5. All fines would be levied on the owner/licensee and require one compliance check per year with a recheck within three months.
Conclusion
Union City provides several protections through the current Tobacco Retail License Ordnance and Zoning Ordinance:
1. Minimum price of $5.00 per single cigar (no minimum price on cigarettes)
2. Minimum pack size of 5 for cigars
3. Prohibition of non-sale distribution of coupons
4. Ban the sale of tobacco within 1000 feet of “sensitive use” areas The Youth Commission is recommending the following additionalaction:
1. Ban the sale of allelectronic smoking devices/vapes and related paraphernalia
2. Ban the sale of all tobacco products in pharmacies, no grandfathering
3. Increase the minimum price for all tobacco products from $5.00 to $8.00 per pack
4. Increase the minimum size pack requirement for all tobacco products from five to 20 If the Council is interested in further regulating the sale of tobacco products, Alameda County Public Health Department Tobacco Control Program has suggested additional steps including prohibiting the tobacco sales within 500 feet of existing tobacco retailers, limiting the number of licenses based on population, and increasing the citation fines and penalties.
FISCAL IMPACT
There is no fiscal impact to the General Fund. If the Council directs staff to proceed with an ordinance update, there will be a modest cost associated with preparing the ordinance.
City Council/RSA Agenda 289 Tuesday, July 25, 2023
RECOMMENDATION
Staff recommends that the City Council hold a study session and receive input from the public and provide direction to staff regarding any amendments to the Tobacco Retail License Ordinance and other ordinances that govern the sale and location of the tobacco retailers.
Prepared by:
SERENITY MLAY, MANAGEMENT ANALYST I
Submitted by:
JOAN MALLOY, CITY MANAGER
ATTACHMENTS:
Description Type
Attachment 1 - Staff Report of January 11, 2022 Attachment Attachment 2 - Union City Ordinance, 741-10 Attachment
Attachment 3 - Union City Ordinance, 741-13 Attachment
Attachment 4 - List of Current Tobacco Licensees in Union City Attachment Attachment 5 - SB793 Attachment
Attachment 6 - Summary ofAlameda County TRLRegulations in Alameda County
Attachment
Public Comment Attachment
Power Point Attachment
City Council/RSA Agenda 290 Tuesday, July 25, 2023
7/14/23, 2:54 PM Coversheet
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3197&MeetingID=1538 1/3 Agenda Item
DATE: 1/11/2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: INFORMATIONAL REPORT AND RECEIVE COUNCIL DIRECTION REGARDING TOBACCO RETAIL LICENSE UPDATE
This is an informational report and no formal action is required by the City Council; however, staff is requesting direction on next steps regarding updates to the Tobacco Retail License Ordinance. Staff recommends proceeding with an update to the Ordinance after the November 2022 elections results are available.
Other alternative options for the Council to consider include:
1) Do not proceed with an update to the Tobacco Retail License Ordinance; or 2) Proceed now with an update to the Tobacco Retail License Ordinance.
STRATEGIC PLAN ALIGNMENT
There is no strategic plan alignment associated with this agenda item.
BACKGROUND
The City of Union City has an established Tobacco Retail License Ordinance, which has been in place since 2010 (Attachment A – Ordinance 741- 10) and was updated in 2013 (Attachment B – Ordinance 791-13). There are currently 39 active tobacco retail license holders within Union City.
The Tobacco Retail License Ordinance also establishes a minimum package size for cigars of at least five (except cigars costing at least $5 can be sold individually), prohibits and restricts the non-sale distribution of tobacco products and distribution of tobacco product coupons. The City’s Zoning Ordinance also provides that tobacco retailers must be at least 1,000 feet from parks, playgrounds, public libraries, recreation centers, religious institutions, and school or youth-oriented establishments.
The City’s Youth Commission was presented information by Breathe California’s UCAN-ACT Initiative in March 2020 and the Youth Commission formed the Tackle Tobacco Workgroup (TTW) in December 2020. The TTW researched and developed 4 recommendations and presented these recommendations at the September 14, 2021 regular City Council meeting. Members of the TTW/Youth Commission presented a report recommending four action items:
1) banning flavored tobacco products
2) ending the sale of electronic smoking devices
3) ending the sale of tobacco products in pharmacies
4) increasing the minimum price/and or pack size requirement for tobacco products Upon receipt of the report from the Youth Commission, the City Council directed staff to research tobacco retail license regulations throughout Alameda County. City staff have been researching tobacco retail license regulations and trends at the federal, State and local level. City staff have been in contact with Breathe California, the Alameda County Department of Public Health and the American Heart Association. These organizations fully support a ban on all flavored tobacco products (including menthol) be included in an update to the City’s tobacco retail license ordinance.
Tobacco use and COVID-19 linkages are currently being researched. The Alameda County Tobacco Control Program has highlighted data that supports succession of tobacco decrease the effects of severe disease progression and risk of mortality (Attachment C). Those who smoke are more likely to test positive for COVID-19. With reduced lung capacity and compromised respiratory systems, people who smoke have an increased risk of serious illness including COVID-19.
DISCUSSION
City Council/RSA Agenda 291 Tuesday, July 25, 2023
7/14/23, 2:54 PM Coversheet
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3197&MeetingID=1538 2/3 There is clear evidence that tobacco products are addictive and pose serious health concerns for consumers of such products. Given the public health crisis surrounding flavored tobacco products, Governor Gavin Newsom signed SB 793 into law in August 2020. SB 793 prohibits the sale of flavored tobacco products, including menthol cigarettes, statewide effective January 1, 2021. However, a referendum that qualified for the November 2022 general election suspended the implementation of the statewide flavored tobacco law until it is approved or rejected by voters statewide.
On April 28, 2021, Governor Newsom issued a statement urging the Federal government to ban menthol cigarettes. One day later, on April 29, 2021 the US Drug and Food Administration (FDA) issued a statement that it is working toward issuing proposed product standards within the next year to ban the sale of menthol tobacco products. If implemented, the FDA’s enforcement of any ban on menthol cigarettes and all flavored cigars will address manufacturers, distributors, wholesalers, importers, and retailers (by taking these products out of the market).
Local jurisdictions have the power to enact stronger laws than the state and the suspension of SB-793 does not prohibit local jurisdictions from moving forward with implementing laws ending the sale of flavored tobacco.
Alameda County Public Health provided research on all 14 incorporated jurisdictions and unincorporated areas within Almeda County. The majority (80%) of all jurisdictions within Alameda County have established tobacco retail license ordinances including Union City (except for Newark, Piedmont and Emeryville). In addition, to having established tobacco retail license ordinances, over 73% of local jurisdictions in Alameda County have a complete sales ban on flavored tobacco, with the vast majority categorizing “menthol” as a flavor (Attachment D).
A. Ban on Flavored Tobacco Sales (including menthol)
“Flavored Tobacco Product” means any tobacco product that imparts a characterizing flavor.
B. Prohibited Electronic Smoking Device Sales (cannabis electronic smoking devises are permitted) “Electronic Smoking Devises” include electronic cigarette, electronic cigar, electronic pipe and electronic hookah.
C. Density (limits an overconcentration of tobacco retailers) and Youth-Sensitive Areas (prohibits tobacco sales within 1,000 feet of youth populated areas; prohibits tobacco sales within 500 feet of existing tobacco retailers; limits total number of tobacco retail licenses to 1 per 2,500 residents)
D. Little Cigar Pack Size (20 per pack)
“Little Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. Little cigar includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo. Larger pack size numbers are associated with higher costs to tobacco consumers, which in turn reduces the purchase of little cigars.
E. Minimum Price ($8 cigarette's, little cigars, premium cigars) “Cigar” means any roll of tobacco other than a cigarette wrapped in paper entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
F. Discounts and Coupons – Prohibited
“Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
G. Tobacco-Free Pharmacies (a tobacco-free pharmacy sales policy decreases the availability of tobacco products by reducing the number of tobacco retailers)
Union City does not have a ban on flavored tobacco sales; however, the City does provide protections through its current Tobacco Retail License Ordinance and Zoning Ordinance. Key highlights include:
A. Density and Youth-Sensitive Areas (bans sale of tobacco within 1,000 feet of parks, playgrounds, libraries, recreation centers, religious institutions and youth-oriented establishments)
B. Little Cigar Pack Size (minimum pack size of 5)
C. Minimum Price (a single premium cigar shall cost at least $5) D. Limits Discounts and Coupons (which increases the cost of low-cost tobacco products) All local jurisdictions within Alameda County are not in total alignment regarding tobacco retail licenses. However, advocating on policy measures that ban flavored tobacco sales is of the upmost priority to Alameda County Public Health and the American Heart Association. Due to tobacco companies’ marketing efforts, youth, communities of color, low-income populations, and members of LGBTQ communities are significantly more likely to use menthol cigarettes and other flavored tobacco products. These groups disproportionately bear the burden of tobacco-related harm. A comprehensive prohibition on the sale of all flavored tobacco products, including menthol cigarettes, provides a significant public health and health equity benefit.
Potential updates to the Tobacco Retail License Ordinance that the Council may wish to consider include:
A. Ban on Flavored Tobacco Sales (including menthol)
B. Prohibit Electronic Smoking Device Sales (cannabis electronic smoking devises are permitted) C. Density and Youth-Sensitive Areas (in addition to prohibiting tobacco sales within 1,000 feet of youth populated areas; prohibit tobacco sales within 500 feet of existing tobacco retailers; limit the total number of tobacco retail licenses to 1 per 2,500 residents) D. Increase the Little Cigar Pack Size (from 5 to 20)
E. Increase Minimum Price (from $5 to $8 cigarettes, little cigars, premium cigars) The City could establish additional minimum price for tobacco products. For example, unincorporated Alameda County establishes a minimum price of $8 per package of twenty (20) cigarettes, $8 per package of little cigars, and $8 per cigar.
F. Implement Tobacco-Free Pharmacies - Tobacco sales in pharmacies send mixed messages to customers about tobacco’s health risks. An amended ordinance can make pharmacies ineligible to receive or renew a tobacco retailer license.
City Council/RSA Agenda 292 Tuesday, July 25, 2023
7/14/23, 2:54 PM Coversheet
https://unioncity.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=3197&MeetingID=1538 3/3
FISCAL IMPACT
This is an informational report, with no associated fiscal impact to the General Fund. If the Council directs staff to proceed with an ordinance update, there will be legal costs in preparing the ordinance.
RECOMMENDATION
This is an informational report, and no formal action is required by the City Council; however, staff is requesting direction on next steps regarding updates to the Tobacco Retail License Ordinance.
Staff recommends proceeding with an update to the Ordinance after the November 2022 elections results are available. Some of the concerns raised by the Youth Commission and the TTW may be addressed through statewide legislation.
Other alternative options for the Council to consider include:
1) Do not proceed with an update to the Tobacco Retail License Ordinance; or 2) Proceed now with an update to the Tobacco Retail License Ordinance.
Prepared by:
Sharon Petrehn, Management Analyst II
Submitted by:
Sharon Petrehn, Management Analyst II
ATTACHMENTS:
Description Type
Attachment A - UC Ord. 741-10 Ordinance
Attachment B - UC Ord. 791-13 Ordinance
Attachment C - COVID-19 and Smoking Handout Attachment
Attachment D - Flavored Tobacco Map Attachment
Attachment E - Alameda County Ordinance 2020-4 Ordinance Desk Item - Breate CA Letter Attachment
Power Point Attachment
City Council/RSA Agenda 293 Tuesday, July 25, 2023
City Council/RSA Agenda 294 Tuesday, July 25, 2023
City Council/RSA Agenda 295 Tuesday, July 25, 2023
City Council/RSA Agenda 296 Tuesday, July 25, 2023
City Council/RSA Agenda 297 Tuesday, July 25, 2023
City Council/RSA Agenda 298 Tuesday, July 25, 2023
City Council/RSA Agenda 299 Tuesday, July 25, 2023
City Council/RSA Agenda 300 Tuesday, July 25, 2023
City Council/RSA Agenda 301 Tuesday, July 25, 2023
City Council/RSA Agenda 302 Tuesday, July 25, 2023
City Council/RSA Agenda 303 Tuesday, July 25, 2023
City Council/RSA Agenda 304 Tuesday, July 25, 2023
City Council/RSA Agenda 305 Tuesday, July 25, 2023
City Council/RSA Agenda 306 Tuesday, July 25, 2023
City Council/RSA Agenda 307 Tuesday, July 25, 2023
City Council/RSA Agenda 308 Tuesday, July 25, 2023
City Council/RSA Agenda 309 Tuesday, July 25, 2023
City Council/RSA Agenda 310 Tuesday, July 25, 2023
City Council/RSA Agenda 311 Tuesday, July 25, 2023
City Council/RSA Agenda 312 Tuesday, July 25, 2023
City Council/RSA Agenda 313 Tuesday, July 25, 2023
City Council/RSA Agenda 314 Tuesday, July 25, 2023
City Council/RSA Agenda 315 Tuesday, July 25, 2023
City Council/RSA Agenda 316 Tuesday, July 25, 2023
City Council/RSA Agenda 317 Tuesday, July 25, 2023
City Council/RSA Agenda 318 Tuesday, July 25, 2023
City Council/RSA Agenda 319 Tuesday, July 25, 2023
City Council/RSA Agenda 320 Tuesday, July 25, 2023
City Council/RSA Agenda 321 Tuesday, July 25, 2023
City Council/RSA Agenda 322 Tuesday, July 25, 2023
City Council/RSA Agenda 323 Tuesday, July 25, 2023
City Council/RSA Agenda 324 Tuesday, July 25, 2023
City Council/RSA Agenda 325 Tuesday, July 25, 2023
City Council/RSA Agenda 326 Tuesday, July 25, 2023
City Council/RSA Agenda 327 Tuesday, July 25, 2023
City Council/RSA Agenda 328 Tuesday, July 25, 2023
City Council/RSA Agenda 329 Tuesday, July 25, 2023
City Council/RSA Agenda 330 Tuesday, July 25, 2023
City Council/RSA Agenda 331 Tuesday, July 25, 2023
City Council/RSA Agenda 332 Tuesday, July 25, 2023
City Council/RSA Agenda 333 Tuesday, July 25, 2023
City Council/RSA Agenda 334 Tuesday, July 25, 2023
City Council/RSA Agenda 335 Tuesday, July 25, 2023
City Council/RSA Agenda 336 Tuesday, July 25, 2023
City Council/RSA Agenda 337 Tuesday, July 25, 2023
City Council/RSA Agenda 338 Tuesday, July 25, 2023
City Council/RSA Agenda 339 Tuesday, July 25, 2023
City Council/RSA Agenda 340 Tuesday, July 25, 2023
City Council/RSA Agenda 341 Tuesday, July 25, 2023
City Council/RSA Agenda 342 Tuesday, July 25, 2023
City Council/RSA Agenda 343 Tuesday, July 25, 2023
City Council/RSA Agenda 344 Tuesday, July 25, 2023
Type DBA Expiration
Date Business Address
1 Convenience Store MISSION VIEW FOOD & LIQUORS 12/31/2023 33503 MISSION BLVD 2 Convenience Store 7 ELEVEN 16824D 9/30/2023 2609 DECOTO RD 3 Convenience Store 7 ELEVEN 38702H 5/31/2023 1998 WHIPPLE RD 4 Convenience Store 7-ELEVEN INC. 21427C 11/30/2023 915 WHIPPLE RD 5 Convenience Store 7-ELEVEN STORE #16104C 12/31/2023 32215 ALVARADO-NILES RD 6 Convenience Store QUIK STOP MARKET #551029 6/30/2024 1824 WHIPPLE RD 7 Convenience Store UC FOOD & LIQUORS 12/31/2023 31090 UNION CITY BLVD 9 Convenience Store MISSION FOOD & LIQUOR 12/31/2023 101 DECOTO RD 8 Department Store Chain WALMART STORES #2031 12/31/2023 30600 DYER ST 10 Liquor BOB'S DISCOUNT LIQUOR #19 5/31/2024 34596 ALVARADO NILES RD 11 Liquor BOBS DISCOUNT LIQUORS #15 9/30/2023 31846 ALVARADO BLVD 12 Liquor BOBS DISCOUNT LIQUORS #7 7/31/2023 32154 ALVARADO BLVD 13 Liquor BOB'S DISCOUNT LIQUORS #8 6/30/2024 101 APPIAN WAY 14 Liquor BOB'S QUICK SHOP BEER & WINE 9/30/2023 31887 ALVARADO BLVD 15 Liquor KINGS LIQUORS 12/31/2023 30063 B SW INDUSTRIAL PKY 16 Liquor LIQUOR BARREL 12/31/2023 2641 DECOTO RD
17 Liquor NILES LIQUOR 2/29/2024 34359 ALVARDO-NILES RD 18 Liquor OO LIQUORS 12/31/2023 1800 WHIPPLE RD
19 Liquor PERRY'S LIQUORS 6/30/2024 31885 ALVARADO BLVD 20 Pharmacy RITE AID #5943 12/31/2023 1650 DECOTO RD
21 Service Station ALVARADO 76 12/31/2023 31901 ALVARADO BLVD 22 Service Station ALVARADO NILES SHELL 12/31/2022 32187 ALVARADO-NILES RD 23 Service Station CHEVRON STATIONS INC #2210 12/31/2023 1990 DECOTO RD 24 Service Station CIVIC CENTER SHELL 12/31/2023 2001 DECOTO RD 25 Service Station DEOL & LALLY ENTERPRISES INC. 12/31/2023 31301 ALVARADO NILES RD 26 Service Station H&S ENERGY PRODUCTS,LLC #3057 2/29/2024 31300 ALVARADO NILES RD 27 Service Station HARJAS PETROLEUM INC. 3/31/2024 31889 ALVARADO BLVD 28 Service Station UC SHELL 11/30/2023 33365 MISSION BLVD 29 Service Station UNION CITY VALERO 9/30/2023 31890 ALVARADO BLVD 30 Speciality Retail Grocery SHALIMAR INDIAN GROCERY, LLC 12/31/2023 32118 ALVARADO BLVD 31 Speciality Retail Grocery ISLAND PACIFIC SUPERMARKET 4/30/2024 4122 DYER ST 32 Speciality Retail Grocery MARINA FOOD #6 12/31/2023 1791 DECOTO RD 33 Speciality Retail Grocery NEW INDIA MARKET 12/31/2023 31885 ALVARADO BLVD #B 34 Speciality Supermarket Chain WELCOME MARKET INC
(Ranch 99) 9/30/2023 2931 FABER ST
35 Specialty CHEAPER CIGARETTES 9/30/2023 31834 ALVARADO BLVD UNIT #A 36 Supermarket Chain FOOD MAXX #463 12/31/2023 30073 INDUSTRIAL PKWY 37 Supermarket Chain SAFEWAY INC #1197 12/31/2023 1790 DECOTO RD 38 Supermarket Chain SAVE MART SUPERMARKETS #782
(Lucky's) 12/31/2023 32300 DYER ST
Tobacco Licensees in Union City, July 2023 City Council/RSA Agenda 345 Tuesday, July 25, 2023 Senate Bill No. 793
CHAPTER 34
An act to add Article 5 (commencing with Section 104559.5) to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, relating to tobacco products.
[Approved by Governor August 28, 2020. Filed with Secretary of State August 28, 2020.]
legislative counsel’s digest
SB 793, Hill. Flavored tobacco products.
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified.
This bill would prohibit a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Article 5 (commencing with Section 104559.5) is added to Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to read:
93 City Council/RSA Agenda 346 Tuesday, July 25, 2023
Article 5. Tobacco Sale Prohibition
104559.5. (a) For purposes of this section, the following definitions apply:
(1) “Characterizing flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor. (2) “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
(3) “Flavored shisha tobacco product” means any shisha tobacco product that contains a constituent that imparts a characterizing flavor. (4) “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
(5) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may include heads, stems, bowls, and hoses. (6) “Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.
(7) “Labeling” means written, printed, pictorial, or graphic matter upon a tobacco product or any of its packaging.
(8) “Loose leaf tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches, excluding any tobacco product which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes, including roll-your-own cigarettes.
(9) “Packaging” means a pack, box, carton, or container of any kind, or, if no other container, any wrapping, including cellophane, in which a tobacco product is sold or offered for sale to a consumer.
(10) “Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
(11) “Retail location” means both of the following:
(A) A building from which tobacco products are sold at retail. (B) A vending machine.
93 Ch. 34 — 2 —
City Council/RSA Agenda 347 Tuesday, July 25, 2023
(12) “Sale” or “sold” means a sale as that term is defined in Section 30006 of the Revenue and Taxation Code.
(13) “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
(14) “Tobacco product” means a tobacco product as defined in paragraph (8) of subdivision (a) of Section 104495, as that provision may be amended from time to time.
(15) “Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.
(16) “Tobacco retailer” means a person who engages in this state in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.
(b) (1) A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer.
(2) There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:
(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division
8.6 of the Business and Professions Code.
(2) The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time. (3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products. (4) If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.
93 — 3 — Ch. 34
City Council/RSA Agenda 348 Tuesday, July 25, 2023
(d) Subdivision (b) does not apply to sales of premium cigars sold in cigar lounges where products are purchased and consumed only on the premises.
(e) Subdivision (b) does not apply to loose leaf tobacco or premium cigars.
(f) A tobacco retailer, or agent or employee of a tobacco retailer, who violates this section is guilty of an infraction and shall be punished by a fine of two hundred fifty dollars ($250) for each violation of this section. (g) This section does not preempt or otherwise prohibit the adoption of a local standard that imposes greater restrictions on the access to tobacco products than the restrictions imposed by this section. To the extent that there is an inconsistency between this section and a local standard that imposes greater restrictions on the access to tobacco products, the greater restriction on the access to tobacco products in the local standard shall prevail.
SEC. 2. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
93 Ch. 34 — 4 —
City Council/RSA Agenda 349 Tuesday, July 25, 2023
Jurisdiction
Adoption Year
Tobacco
Retail
License
Ordinance
Flavored
Tobacco
Sales
Restrictions
Electronic
Smoking
Device Sales
Regulations
Density & Youth-Sensitive Areas
Little Cigar / Cigar
Minimum Package
Size
Minimum Price Set for
Tobacco Product Sales
Redemption
of Tobacco
Discounts &
Coupons
Prohibited
Tobacco-Free
Pharmacies
TRL
Enforcement
Agency
Annual
TRL Fee
Approximate #
Retailers TRL Ordinance Links
Alameda (City)
2018 Yes
Yes, Complete
sales ban, no
exemptions
No
No TRLs may be issued within 300 feet of a youth populated area (private or public kindergarten, elementary, middle or high school)
No TRL’s may be issued within 500 feet of another tobacco retailer. Total number of TRLs limited to one for each 2,500 city inhabitants
5 $7 cigarettes
$5 little cigars
$5 per premium cigar
Yes Yes Police
Department Unknown 45 https://www.alamedaca.gov/files/assets/public/departments/alameda/citymanager/ordinance-3230.pdf Albany
2019 Yes
Yes, Complete
sales ban, no
exemptions
No No 20 $8 cigarettes
$8 little cigars Yes No Police Department $250 11 https://www.albanyca.org/home/showpublisheddocument/41070/636915496893500000 Berkeley
Updated 2019 Yes
Yes, Complete
sales ban, no
exemptions
No No new TRL may be issued within 600 feet of a school 20 $8 cigarettes
$8 little cigars
$7 per premium cigar
Yes Yes
Police
Department +
Environmental
Health
$427 73 https://www.codepublishing.com/CA/Berkeley/html/Berkeley09/Berkeley0980/B erkeley0980.html
Dublin
Updated 2020 Yes
Yes, Complete
sales ban, no
exemptions
Yes To be considered To be considered To be considered To be considered To be considered Police Department $298 27 https://www.codepublishing.com/CA/Dublin/html/Dublin04/Dublin0440.html Emeryville No No No No No No No No N/A N/A 11 N/A
Fremont
2019 Yes
Yes, Complete
sales ban, no
exemptions
No No 5
$8 cigarettes
$8 little cigars
$5 per premium cigar
No No Police
Department Unknown 112 https://www.codepublishing.com/CA/Fremont/#!/Fremont08/Fremont0875.html#8.75.290 Hayward
Updated 2020 Yes
Yes, Complete
sales ban, no
exemptions
Yes
No new tobacco retailers within 1,000 feet of youth sensitive areas (public or private K-12 schools, libraries, parks and playgrounds, daycare centers)
5 with exception for a
single large cigar for $8
$8 cigarettes
$8 little cigars
$8 single large cigars
Yes Yes
Development
Services
Department –
Code
Enforcement
Division
$400 111 https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAM UCO_CH10PLZOSU_ART1ZOOR_S10-1.2780TORESAES
Livermore
2019 Yes
Yes, Complete
sales ban, no
exemptions
Yes
No TRL may be issued or existing license renewed within 1,000 feet of a youth-populated area (schools, libraries, playgrounds, youth centers, recreation facilities, or licensed commercial child-care or preschool facilities)
No No No No Police
Department $1,005 64 https://www.codepublishing.com/CA/Livermore/Municipal/Livermore05/Livermore0550.html Newark No No No No No No No No N/A N/A 39 N/A
Oakland
Updated 2020 Yes
Yes, Complete
sales ban, no
exemptions
No
Conditional Use Permit (not in TRL): No tobacco retailing within 1,000 feet of a residential zone, school, public library, park or playground, recreation center or licensed daycare facility.
20 $8 cigarettes
little cigars
large cigars
Yes Yes
Police
Department/
ABAT Unit
$1,500 363 https://oakland.legistar.com/View.ashx?M=F&ID=8287081&GUID=2FD70A99- A98A-4823-B60A-6B4039EFBCA3
Piedmont
9/19/22 No Yes No No No No No No Police
Department N/A 1 https://piedmont.ca.gov/common/pages/DisplayFile.aspx?itemId=18933088 Pleasanton
8/18/20 Yes
Yes, Complete
sales ban, no
exemptions
Yes Prohibits new tobacco retailers from locating within 1,000 feet of youth-populated areas 20
$8 cigarettes, little cigars and
large cigars (at 5 cigars per
pack).
Individual large cigars priced
at $7 or more plus sales tax
Yes No Police
Department
$550 (initial)
/ $450
renewals
44 https://www.cityofpleasantonca.gov/search/default.asp?q=tobacco San Leandro
Updated 2022 Yes Yes No No 5
$7 little cigars
$5 premium cigar No No Police Department $500 75 https://qcode.us/codes/sanleandro/view.php?topic=4-4_36&frames=off Unincorporated
Alameda County
1/14/20
Yes
Yes, Complete
sales ban, no
exemptions
Yes
Prohibits tobacco sales (new retailers) within 1,000 ft of youth populated areas (schools, libraries, parks,
playgrounds, youth centers, recreation facilities, and licensed child-care facilities or preschools); Prohibits tobacco sales (new retailers) within 500 feet of existing tobacco retailers; Limits the total number of tobacco retail licenses to 1 per 2,500 residents
20 $8 cigarettes
little cigars
premium cigars
Yes Yes
Planning -
Community
Development
Agency
District Attorney's
Office
$940 105 http://www.acgov.org/cda/trl.htm
Union City
2010 Yes No No
Conditional Use Permit (not TRL) bans sale of tobacco
within 1,000 feet of park, playground, public library,
recreation center, religious institution, school or youthoriented establishments (service stations exempt) and sale of tobacco by a retail tobacco store* within 1,000 feet of another such use.
Other Tobacco Zoning Definitions:
- Tobacco Products
- Gas Station Marketeer
5 $5 premium cigar Yes (nonsale
distribution) No Police Department $863 38 http://qcode.us/codes/unioncity/?view=desktop&topic=5-5_42-5_42_010 Source: Alameda County Public Health Department Tobacco Control Program, Updated 2022 City Council/RSA Agenda 350 Tuesday, July 25, 2023 7/25/23, 9:39 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/1 Electronic Smoking Ban
SBC LIQUORS
Thu 7/20/2023 9:37 PM
To:City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Hello,
We have been informed that the city of Union City are trying to ban the sell of electronic smoking devices.
We strongly feel this is unfair to small businesses and would force business such as ours to close down.
As a small business, we are working day to day to ensure that we are able to profit in our businesses. The state has already banned flavored tobacco products, which already affected our industry. We have 3 stores in Union City, including one next to a school, and we have never received a tobacco ticket for selling underage. Our employees are dependent on our businesses to ensure they have a solid income to feed their families as well. If Union City would put a ban on E Cigarette products, consumers would just shop in Fremont to get their products. We already have saw a decrease in sales this year due to the flavor ban, and if Union City were to ban more products and create these restrictions, then it would decrease our sales more. Since flavors have already been banned, why is the city trying to increase more restrictions? Wages, Rent and other expenses are increasing to run a business, but the city is creating so many restrictions to actually allow businesses to cover these expenses. The ban of e cigarettes would have a huge impact on small businesses as well as the employees working in these businesses. A lot of these employees working in these stores are lower income employees working minimum wage jobs. So if sales do start to decrease with this proposed ban, then people would eventually start to be laid off and the business would be shut down. Please be mindful of these employees and their families as well. Thank you for reading this email. If you have any questions, please feel free to call me at (510)-789-8311 and we can discuss more.
Sent from my iPhone
City Council/RSA Agenda 351 Tuesday, July 25, 2023
7/25/23, 9:38 AM Mail - Anna M. Brown - Outlook
https://outlook.office365.com/mail/id/AAMkAGQ5M2I3MmQyLTlmNzctNGM0ZS1iMmNkLTI1YzRhYjg0ZTQ2MgBGAAAAAACM05ubLbLATamVpjYkTD… 1/2 Public Comment for agenda item #7.a.
Gurpreet Bhella
Mon 7/24/2023 2:37 PM
To:City Clerk <[email protected]>
WARNING: External email. Please verify sender before opening attachments or clicking on links.
Dear City Council Members,
I hope this letter finds you in good health and high spirits. My name is Gurpreet Bhella, and I am a 11thgrade student at James Logan. I am writing to you today with a heavy heart and a plea for your understanding and support.
Over the past few years, I have witnessed the growing issue of tobacco usage among students in my school and around our community. The easy availability of tobacco products has made it dangerously simple for my peers to access and fall prey to this harmful habit. As a result, many of my friends and classmates are getting addicted, and it breaks my heart to see their lives negatively impacted by tobacco use.
Tobacco addiction is a serious problem that affects not just the individual users but also their families and friends. The toll it takes on their health, both physical and mental, is immense. I have seen bright and promising futures being dimmed by this addiction, and it's a constant source of concern and sadness for all of us.
Stricter tobacco control measures can make a significant difference in curbing the use of these harmful products among young people like myself. We need your help to enforce regulations that limit the sale and marketing of tobacco products near schools and youth-populated areas. By doing so, you would be safeguarding the well-being and future of countless students like me.
I sincerely believe that the health and happiness of our youth should be our top priority. Your actions now will not only protect us from the dangers of tobacco but will also inspire future generations to lead healthier lives.
Please consider the impact that your decisions can have on the lives of students and the community as a whole. Together, we can create a safer and healthier environment for all residents of our city.
Thank you for taking the time to read my letter and for considering my heartfelt request. Your support in enforcing stricter tobacco control measures would mean the world to me and my fellow students.
With utmost sincerity,
Gurpreet Bhella
James Logan High School
Union City, California
City Council/RSA Agenda 352 Tuesday, July 25, 2023
Item 7.a
Study Session to Receive Direction from City
Council on Possible Amendments to the Tobacco
Retail License Ordinance and other Ordinances
that Govern the Sale and Location of the Tobacco
Retailers
July 25, 2023, City Council Regular Meeting
City Council/RSA Agenda 353 Tuesday, July 25, 2023
2 Item 7.a: Study Session on the Tobacco Retail Ordinance
BACKGROUND
Youth Commission Recommendations
1. Ban the sale of all flavored tobacco products, including menthol cigarettes.
2. Ban the sale of electronic smoking devices/vapes and related paraphernalia.
3. Ban the sale of tobacco products in pharmacies.
4. Strengthen the minimum price and/or pack size requirement for tobacco products.
City Council/RSA Agenda 354 Tuesday, July 25, 2023
3 Item 7.a: Study Session on the Tobacco Retail Ordinance
BACKGROUND
Informational Report of January 11, 2022
Study Session, July 25, 2023
Proposition 31, November 8, 2022
City Council/RSA Agenda 355 Tuesday, July 25, 2023
4 Item 7.a: Study Session on the Tobacco Retail Ordinance
CURRENT TOBACCO RETAIL ORDINANCE IN UNION CITY
Minimum Price
$ 5.00 per single cigar
(No minimum price on cigarettes)
Chapter 5.42
Discount / Coupons Prohibits non-sale distribution of coupons Chapter 5.42 Density / Youth Sensitive
Areas
Conditional Use Permit: Prohibit the sale of tobacco
within 1,000 feet to “sensitive use”
Chapter 18.36.040
Proximity to Other Retail
Tobacco Stores
Prohibits the sale of tobacco within 1,000 feet of
other retailers.
Chapter 18.36.030
Violation Structure
1st: Written warning & 30 days to correct violation.
2nd: 30-day license suspension
3rd:90-day license suspension
4th: License revocation; no new license issued for 5
years.
Violations subject to $250-$1K fine
Chapter 5.42
City Council/RSA Agenda 356 Tuesday, July 25, 2023
5 Item 7.a: Study Session on the Tobacco Retail Ordinance Tobacco Retailers
38 Tobacco Retailers in Union City
City Council/RSA Agenda 357 Tuesday, July 25, 2023
6 Youth Commission Recommendations
1. Ban electronic smoking devices/vapes and
paraphernalia.
2. Ban tobacco products in pharmacies.
3. Minimum price for tobacco products to $8.00
4. Minimum size requirement for tobacco
products to 20 per pack
- Dublin, Hayward, Livermore, and Pleasanton
- Alameda, Berkeley, Hayward, and Oakland.
- Albany, Berkeley, Fremont, Hayward, Oakland
- Albany, Berkeley, Oakland, and Pleasanton
Item 7.a: Study Session on the Tobacco Retail Ordinance Neighboring Cities in Alameda County
City Council/RSA Agenda 358 Tuesday, July 25, 2023
7 Prohibit retail license
within 500 feet of
existing tobacco
retailers
Limit the number of
tobacco licenses
to 1 per 2,500
residents
Increase the citation
fines for violations
Item 7.a: Study Session on the Tobacco Retail Ordinance Additional Recommendations
City Council/RSA Agenda 359 Tuesday, July 25, 2023
Staff recommends that the City Council hold a study session and provide direction on possible amendments to the Tobacco Retail License Ordinance and other ordinances that govern the sale and location of the tobacco retailers. Tobacco retail licenses are regulated through Chapter 5.42 and Title 18 Zoning, of the Union City Municipal Code.
RECOMMENDATION
City Council/RSA Agenda 360 Tuesday, July 25, 2023
Agenda Item
DATE: 7/25/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING UNION CITY TRANSIT FALL 2023 SERVICE CHANGES EFFECTIVE SATURDAY, SEPTEMBER 9, 2023
Staff recommends that the City Council adopt a resolution approving Union City Transit Fall 2023 services changes effective Saturday, September 9, 2023.
STRATEGIC PLAN ALIGNMENT
Does not align with strategic plan goals.
BACKGROUND
Prior to the Novel Coronavirus (COVID-19) Pandemic, Union City Transit had not changed its routes and schedules since 2015. During 2020, Union City Transit went through multiple iterations of its service to adapt to decreased ridership, social distancing, and social unrest with curfews. After a public hearing held on March 9, 2021, the City Council approved Resolution No. 5722-21 to make permanent service changes, specifically to route alignments, that Union City Transit still follows today.
On May 24, 2021, Union City Transit began the twenty-two (22) month Union City Flea microtransit pilot project that was initially approved by City Council Resolution No. 5535-19 on October 22, 2019. The pilot project concluded on March 31, 2023. City Council approved extending the program through September 1, 2023 by adopting Resolution No. 6111-23 on April 25, 2023, to coincide with the upcoming Bay Area Rapid Transit District (BART) fall service changes originally scheduled to take place in August 2023.
BART made the official announcement on April 27, 2023, that their proposed service changes for Fall 2023 would take effect on Monday, September 11, 2023. The service changes would be in response to a looming fiscal cliff that requires reducing service to preserve existing operating funds with significant impacts to the segment of the system between Bay Fair and Milpitas. Trains will now be scheduled to arrive on an average of ten (10) minutes instead of an average of seven and a half (7.5) minutes. This adjustment impacts Union City City Council/RSA Agenda 361 Tuesday, July 25, 2023
Transit schedules in effect since September 8, 2022.
Additionally, due to the COVID-19 Pandemic, the City Council approved multiple extensions of the operations and maintenance contract with MV Transportation, Inc. (MV Transit) between May 2020 and December 2022. A new competitively bid contract was awarded to MV Transit on March 14, 2023, through City Council Resolution No. 6096-23. The new contract includes a provision for microtransit and an anticipated number of service hours pending an expansion of the service.
On April 25, 2023, the City Councilapproved Resolution No. 6112-23 authorizing Union City Transit to apply for Low-Carbon Transit Operation Program (LCTOP) funds to partially fund an expanded service area for the Union City Flea microtransit service as described in the awarded contract with MV Transit. This application has been submitted to the California Department of Transportation (Caltrans) for review and Caltrans staff has worked with Union City Transit staff to ensure it gets approved.
DISCUSSION
The Metropolitan Transportation Commission’s (MTC) Blue Ribbon Transit Recovery Task Force (BRTRTF or BRTF) that convened remotely during the COVID-19 Pandemic to address transit issues has evolved into the Transit Transformative Action Plan (TTAP) in order to implement the most viable recommendations that came from the BRTF. The TTAP includes schedule coordination, fare coordination, wayfinding coordination, technology coordination, procurement coordination, and fiscal responsibility amongst all the transit operators in the nine (9) county San Francisco Bay Area under the purview of MTC. Some of the described collaboration will come through a newly developed MTC committee responsible for Regional Network Management (RNM). Part of the idea is to make local or sub-regional operators connect with regional operators. In Union City, Union City Transit would (and has been) coordinate its schedule to connect with BART trains arriving or departing at the station.
Union City Transit staff has evaluated the new BART schedule for Fall 2023 and come up with a slightly modified schedule that maintains connections with the maximum number of trains possible. The new schedule preserves weekday morning and evening twenty (20)-minute peak service on Routes 1, 2, and 5. The new schedule preserves the same number of trips on Routes 3 and 4. A continuation of supplemental service on Routes 1 and 5 on weekdays during the school year are also part of the new schedule. The new weekday schedule will start at 4:41 AM, instead of 4:29 AM, and end at 10:42 PM, instead of 10:45 PM, with the same amount of scheduled service. The new weekend schedules will start at 6:51 AM, instead of 6:39 AM, and end at 7:42 PM, instead of 7:46 PM, with the same amount of scheduled service.
Union City Paratransit’s Americans with Disabilities Act (ADA) service hours will adjust to complement those of the fixed-route service as required by law. There will be no change to Paratransit Plus service on weekdays while the service hours on weekends willadjust to the weekend fixed-route service.
Union City Flea will be impacted the most with the upcoming service changes. The previous configuration of the Union City Flea was a pilot project with restrictions and limitations on when and where the service could operate. Beginning on Monday, September 11, 2023, Union City Transit staff intends to expand the weekday hours of service from a morning service window of 4:40 AM to 8:40 AM and an afternoon service window of 2:40 PM to 6:40 PM to an all-day service window of 4:41 AM (coinciding with start of fixed-route service) to 8:40 PM. The service area will also expand to encompass the Civic Center, Decoto, Seven Hills, Tamarack, and Tamarack Hills. Only one (1) vehicle will be in service in the beginning with wait times expected to be between ten (10) to (20) minutes for a curb-to-curb service. The expansion of the service area and hours will reflect the same number of service hours that were available during the pilot project only spread out to allow greater access. For now, the fare will remain the same as that on the fixed-route service and Clipper is accepted (and recommended) along with the Clipper discounts. If the service becomes popular, Union City Transit has City Council/RSA Agenda 362 Tuesday, July 25, 2023
two (2) additional vehicles to accommodate peak period trends.
Union City Transit is also currently working with the New Haven Unified School District (NHUSD) to create a seasonal supplemental service to operate during the school year. The service will be open to everyone, but will be a pilot program to see if the configuration is correct for moving students across town. This new supplemental service is not included in this requested action by the City Council because NHUSD is still garnering feedback from families regarding the proposed service and Union City Transit staff expect to present an Agreement for approvalat the August 8, 2023 City Council meeting.
FISCAL IMPACT
The service changes put forth were included in the pricing from MV Transit and MV Transit’s pricing was used in the development of Union City Transit’s approved biennial budget, so there is no anticipated cost increase to Union City Transit. Union City Transit staff continues to explore additional funding sources like LCTOP to fund service enhancements, but this is in an effort to preserve funding reserves since the San Francisco Bay Area Transit operators are all potentially facing financial issues after FY 2027-2028. There will be no impact on the City’s General Fund.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving Union City Transit Fall 2023 services changes effective Saturday, September 9, 2023.
Prepared by:
Steve Adams, Transit Manager
Submitted by:
Marilou Ayupan, Public Works Director
ATTACHMENTS:
Description Type
Resolution Resolution
Power Point Attachment
City Council/RSA Agenda 363 Tuesday, July 25, 2023
Resolution XXXX-23