Union City City Council
October 10, 2023

AGENDA

CITY OF UNION CITY/

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING
CAROL DUTRA-VERNACI, Mayor
GARY SINGH, Vice Mayor (District 1)
JAMIE PATIÑO,Councilmember (District 2)
JEFF WANG, Councilmember (District 3)
SCOTT SAKAKIHARA, Councilmember (District 4)
Tuesday, October 10, 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. Presentation On Cyber Security Awareness Month

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 speaker card, giving their name and city of residence. If a speaker City Council/RSA Agenda 1 Tuesday, October 10, 2023
wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name, city of residence or mailing address are not required to provide public comment but are requested for record keeping purposes.

4.a. Submitted Written Comment- Wallace

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

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

5.b. Adopt A Resolution Setting The 2024 Calendar Year City Council Meeting Schedule

5.c. Adopt A Resolution Approving Amendments To The
Classification And Compensation Plan To Revise The Salary Schedule In Conformance With California Code Of
Regulations, Title 2, Section 570.5 And The Compensation And Benefit Plan For Unrepresent Employees Regarding
Unrepresented Police Classifications

5.d. Adopt A Resolution Authorizing The City Manager To Execute The Clipper BayPass Pilot Program Participation Agreement, In A Form Approved By The City Attorney

5.e. Adopt A Resolution Authorizing The City Manager To Approve A Purchase Order, In The Amount Of $373,000, To Purchase, When Available, Five (5) Replacement Vehicles From National Auto Fleet Group Of Watsonville, And Appropriating $73,000 To The Garage Equipment Replacement Fund

5.f. Adopt A Resolution Authorizing The Acceptance Of Office Of Traffic Safety (OTS) Selective Traffic Enforcement Program Grant Funds, In The Amount Of $120,000, For Fiscal Year 2023-2024, And Amending The Fiscal Year 2023-2024 OTS
Fund Budget

6. PUBLIC HEARINGS - None

7. CITY MANAGER REPORTS

7.a. Introduction Of Ordinance Approving Zoning Text Amendment, AT-23-005, Amending Chapter 18.08, “Definitions”, Chapter

18.26, “Marketplace Mixed Use (Mmu) District”, Chapter 18.35, “Corridor Mixed Use Commercial (Cmu) District”, Chapter

18.36 “Commercial Districts” And Chapter 18.40 “Industrial Districts,” Of The Union City Municipal Code To Repeal The Prohibition Of Alcohol Sales At Self Service Stations Exempt City Council/RSA Agenda 2 Tuesday, October 10, 2023
From Environmental Review Pursuant To CEQA Guidelines
Section 15061(B)(3)

8. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY -
None

9. AUTHORITIES AND AGENCIES - None

10. CITY COMMISSION / COMMITTEE REPORTS - None

11. SCHEDULED ORAL COMMUNICATION - None

12. ITEMS REFERRED BY COUNCIL

13. GOOD OF THE ORDER

14. CLOSED SESSION - None

15. ADJOURNMENT

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

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

PUBLIC COMMENT
Written Comment: To provide written comment on an item on the agenda or to address the Council 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/RSA Agenda 3 Tuesday, October 10, 2023
CITY COUNCIL NORMALS AND GUIDELINES (Resolution No. 6095-23; Adopted 03/14/2023) The City Council of the City of Union City comply with the following norms:

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

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

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

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

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

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

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

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

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

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

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

1. Councilmembers have the primary responsibility to assure that ethical standards are understood and 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.

City Council/RSA Agenda 4 Tuesday, October 10, 2023

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

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

City Council/RSA Agenda 5 Tuesday, October 10, 2023
Agenda Item
ATTACHMENTS:

Description Type
Presentation Attachment
City Council/RSA Agenda 6 Tuesday, October 10, 2023
1 Item 1.a: Cybersecurity Awareness Month
Halloween is Scary......Being Online Shouldn’t Be October is Cybersecurity Awareness Month• Established in 2004 by the United States Congress and President • Goal: Promote public and private sectors to work together to raise awareness about the importance of cybersecurity.
• Now recognized globally and actively promoted and supported to encourage safe and secure online activities
• Great Opportunity to Help Make Union City Cyber-secure City Council/RSA Agenda 7 Tuesday, October 10, 2023
2 Item 1.a: Cybersecurity Awareness Month
Primary Focus of Cybersecurity• The Primary Focus of Cybersecurity is to Protect People• Cyber Criminals Use Common Technologies to Attack People  Email (Phishing, Ransomware, SPAM) Social Medial (Targeted-Phishing, Identity Information Gathering) Texting (Fraud, Malicious Web Links) • Cybersecurity Awareness and Education Protects People • Understanding Cybersecurity will make Union City Cyber-secure City Council/RSA Agenda 8 Tuesday, October 10, 2023
3 Item 1.a: Cybersecurity Awareness Month
New Union City Cybersecurity Public Web PageA Community Resource for Cybersecurity Information• Focus Areas:
 Cybersecurity Awareness Month – 31 Tips
 Education and Career Planning Tip Sheets and Resources for Businesses and Families Information and Links to Report Cyber Crimes City Council/RSA Agenda 9 Tuesday, October 10, 2023
4 Item 1.a: Cybersecurity Awareness Month
Accomplishments and Requests
Accomplishments:
 New Cybersecurity Manager Position New ITS and Cybersecurity Web Page Cybersecurity Brochures for Union City Sites on Order  Updating UC Cybersecurity Infrastructure and Operations, Completed Security Assessments, Risk Focus
Requests:
 Promote Cybersecurity Awareness Month Encourage Community Discussion about Cybersecurity Risks and Opportunities
 Refer Businesses and Residents to our New Cybersecurity web page City Council/RSA Agenda 10 Tuesday, October 10, 2023
Agenda Item
ATTACHMENTS:

Description Type
Public Comment - Wallace Attachment
City Council/RSA Agenda 11 Tuesday, October 10, 2023
City Council/RSA Agenda 12 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: ANNA M. BROWN, CITY CLERK
SUBJECT: ADOPT A RESOLUTION SETTING THE 2024 CALENDAR YEAR CITY

COUNCIL MEETING SCHEDULE
Staff recommends that the City Council adopt the attached Resolution setting the 2024 calendar year City Council meeting schedule.

STRATEGIC PLAN ALIGNMENT
There is no Strategic Plan Alignment.

BACKGROUND
Per Union City Municipal Code Chapters 2.04.010 and 2.04.040, the City Council shall, by resolution, set the day and time of regular meetings of the City Council.

DISCUSSION
Regular City Council Meetings are held at 7:00 p.m. on the second and fourth Tuesday of every month. The City Council has adopted the practice of canceling one of its regularly scheduled meetings in August to accommodate family vacations, and its second meeting in December due to the recognized holiday furlough.

FISCAL IMPACT
There are no fiscal impacts.

RECOMMENDATION
Staff recommends the City Counciladopt the Resolution setting the 2024 Calendar Year City Council meeting schedule.

City Council/RSA Agenda 13 Tuesday, October 10, 2023
Prepared by:

Anna M. Brown, City Clerk
Submitted by:

Anna M. Brown, City Clerk
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 14 Tuesday, October 10, 2023
RESOLUTION NO. ____-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY SETTING THE 2024 CALENDAR YEAR CITY COUNCIL MEETING

SCHEDULE
WHEREAS, Chapters 2.04.010 and 2.04.040 of the Union City Municipal Code allow the City Council to establish dates of regular and special meetings; and WHEREAS, regular City Council Meetings are held at 7:00 p.m. on the second and fourth Tuesday of every month; and
WHEREAS, the City Council has adopted the practice of canceling one of its regularly scheduled meetingsin August to accommodate family vacations, and its second meeting in December due to the recognized holiday furlough.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby sets the 2024 calendar year City Council meeting schedule as follows:

Regularly Scheduled Meetings Canceled Meetings Special Meetings January 9, 23 August 27 TBD
February 13, 27 December 24
March 12, 26
April 9, 23
May 14, 28
June 11, 25
July 9, 23
August 13
September 10, 24
October 8, 22
November 12, 26
December 10
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________________

CAROL DUTRA-VERNACI
Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Council/RSA Agenda 15 Tuesday, October 10, 2023
City Clerk City Attorney
City Council/RSA Agenda 16 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JASON CASTLEBERRY, HUMAN RESOURCES DIRECTOR
SUBJECT: ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE

CLASSIFICATION AND COMPENSATION PLAN TO REVISE THE

SALARY SCHEDULE IN CONFORMANCE WITH CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5 AND THE COMPENSATION

AND BENEFIT PLAN FOR UNREPRESENTED EMPLOYEES

REGARDING UNREPRESENTED POLICE CLASSIFICATIONS
Staff recommends that the City Counciladopt a resolution to approve an amendment to the City’s Salary Schedule to address a typographical error to reflect the position of Deputy Police Chief as Unrepresented Management; to update the Salary Schedule to reflect the newly updated salary range; and to amend the Compensation and Benefit Plan for Unrepresented Employees (the Plan) to reflect benefits for the Deputy Police Chief, Police Officer Trainee, and Police Cadet classifications.

STRATEGIC PLAN ALIGNMENT
These actions support Goal B. Governance and Organization Effectiveness of the Strategic Plan in aligning criticalcity services with current staffing levels.

BACKGROUND
Benefits for unrepresented police department classifications have been traditionally established through various methods and resolutions that were not centrally consolidated. The Police Officer Trainee and Police Cadet classifications have their benefits established in a standalone resolution while the Deputy Police Chief classification has had a variety of benefits established through various methods throughout the years.

Additionally, the Deputy Police Chief classification, as a result of a typographical error, was erroneously identified as a represented classification by the Police Management Association (PMA) in the Salary Schedule.

The Deputy Police Chief classification has never been represented by the PMA and does not appear anywhere in the PMA Memorandum of Understanding. Further, the last updated Salary Schedule did not include the City Council/RSA Agenda 17 Tuesday, October 10, 2023
updates to the Deputy Police Chief salary range, which would need to be increased 5% to prevent compaction in the Captain to Deputy Police Chief levels.

DISCUSSION
Related to the Deputy Police Chief classification, staff recommends that the City Council approve the proposed amendment to the Salary Schedule to correct the typographical error and reflect the classification as unrepresented as well as provide a 5% increase in salary range to align with the correct budgeted salary range.

The Deputy Police Chief classification is critical to the succession planning and executive leadership of the Police Department in that it supports development of the management team of the Police Department, as well as supporting the strategic initiatives, as identified by the Police Chief.

Additionally, staff recommends consolidating and identifying the Deputy Police Chief classification in the Plan where the classification would, in lieu of the benefits generally provided to other classifications in the Plan, receive the following benefits provided to classifications in the PMA:

Leave (Section 2.00)
Vacation (Section 3.00)
Holidays (Section 4.00)
Educational Incentive (Section 5.00)
Insurance Coverage (Section 6.00)
Uniforms (Section 7.00)
Retiree Medical Plan (Section 8.00)
Salaries (Section 9.00)
Retirement (Section 10.00)
Retirement Benefits (Section 11.00)
To further consolidate compensation and benefits for unrepresented police classification, staff also recommends other revisions to the Plan which include adding benefits for the Police Officer Trainee and Police Cadet classifications. These benefits are unchanged from the benefits that the City Council previously provided pursuant to Resolution No. 6011-22.

FISCAL IMPACT
There is no fiscal impact related to these changes to the Salary Schedule and the Plan as sufficient funding for the Deputy Police Chief position was included in the FY 2023-2024 & FY 2024-2025 Biennial Budget at the salary range included in the updated Salary Schedule being presented for approval.

RECOMMENDATION
Staff recommends that the City Council adopt the proposed resolution approving amendments to the City’s Classification and Compensation Plan to revise the Salary Schedule and the Compensation and Benefit Plan for Unrepresented Employees regarding unrepresented police classifications.

Prepared by:

City Council/RSA Agenda 18 Tuesday, October 10, 2023
Jason Castleberry, Human Resources Director
Submitted by:

Jason Castleberry, Human Resources Director
ATTACHMENTS:

Description Type
Resolution Resolution
Updated Salary Schedule (Redlined) Attachment
Compensation and Benefit Plan for unrepresented Employees (Redlined)
Attachment
City Council/RSA Agenda 19 Tuesday, October 10, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

APPROVING AMENDMENTS TO THE CLASSIFICATION AND COMPENSATION

PLAN TO REVISE THE SALARY SCHEDULE IN CONFORMANCE WITH
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 AND THE

COMPENSATION AND BENEFIT PLAN FOR UNREPRESENTED EMPLOYEES

REGARDING UNREPRESENTED POLICE CLASSIFICATIONS
WHEREAS, the City of Union City (the “City”) has previously adopted and periodically amended the Compensation and Benefit Plan for Unrepresented Employees (the “Plan”); and WHEREAS, classifications that are subject to the Plan are unrepresented employees as designated by the Plan; and
WHEREAS, the Plan enumerates the job classifications whose incumbents shall be considered subject to the Plan and also provides for the salaries and benefits for such incumbents; and
WHEREAS, the City Council has considered a proposed amendment to the Plan to include the Deputy Police Chief, Police Officer Trainee and Police Cadet classifications as well as other revisions; and
WHEREAS, the City Council previously authorized funding for the Deputy Police Chief classification at a salary range higher than what is currently reflected in the Salary Schedule; and WHEREAS, in order to avoid compaction, City staff recommend an adjustment in the salary range for the Deputy Police Chief classification; and WHEREAS, the City Council has considered the above and has determined that the proposed actions are proper and in the best interests of the City.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby approves and adopts the amendment to the Plan attached hereto and incorporated herein by reference, as Exhibit A, effective upon Council approval, October 10, 2023 and authorizes the City Manager to take such further actions as may be necessary to implement the amendment to the Plan including any necessary non-substantive modifications.

BE IT FURTHER RESOLVED that the City Council hereby approves an amendment to the City’s Classification and Compensation Plan to include the following salary schedule for the Deputy Police Chief classification, effective upon Council approval, October 10, 2023:

Step 1: $19,484
Step 2: $20,397
Step 3: $21,358
Step 4: $22,362
Step 5: $23,423
City Council/RSA Agenda 20 Tuesday, October 10, 2023
Amendment #5: October 10, 2023 - Reso. No. XXXX-23
Amendment #1: June 20, 2023 - Reso. No. 6146-23
City of Union City
Salary Schedule
FY 2023-2024
Effective: October 16, 2023
Amendment #2: July 11, 2023 - Reso. No. 6158-23
Amendment #3: July 25, 2023 - Reso. No. 6174-23
Amendment #4: July 25, 2023 - Reso. No. 6175-23
City Council/RSA Agenda 21 Tuesday, October 10, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 FULL-TIME (monthly rates shown )
City Council 10010 Mayor 2,437
City Council 10020 Council Member 1,625
City Manager 20010 City Manager 26,492
UNREPRESENTED Min. Range Max.

Dept. Heads 20015 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'd. Mgmt. 21050 Assistant to the City Manager 14,210 17,064 Unrep'd. Mgmt. 21185 Chief Human Resources Officer 14,922 17,918 Unrep'd. Mgmt. 21315 Chief Technology Officer 14,922 17,918 Unrep'd. Mgmt. 20030 City Clerk 11,797 12,336 12,905 13,501 14,127 Unrep'd. Mgmt. 21410 Deputy Police Chief 19,484 20,397 21,358 22,362 23,423 Unrep'd. Mgmt. 20145 Human Resources Analyst I 7,987 8,337 8,706 9,093 9,500 Unrep'd. Mgmt. 20155 Human Resources Analyst II 9,766 10,208 10,671 11,154 11,664 Unrep'd. Mgmt. 20180 Human Resources Manager 12,471 13,046 13,645 14,278 14,940 Unrep'd. Mgmt. 20930 Supervising Construction Inspector 10,128 10,587 11,070 11,577 12,109 Unrep'd. Non-Mgmt. 21010 Administrative Specialist - Confidential 6,823 7,166 7,524 7,901 8,297 Unrep'd. 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 - Salary Schedule
City Council/RSA Agenda 22 Tuesday, October 10, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7

POLICE MANAGEMENT ASSOCIATION (PMA)
Police Mgmt. 40020 Police Captain 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 - Salary Schedule
City Council/RSA Agenda 23 Tuesday, October 10, 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 - Salary Schedule
City Council/RSA Agenda 24 Tuesday, October 10, 2023
Bargaining Unit Job Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 SEIU REPRESENTED PART-TIME (hourly rates shown)
SEIU 1021 PT 50373 Facilities 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 - Salary Schedule
City Council/RSA Agenda 25 Tuesday, October 10, 2023
1 COMPENSATION AND BENEFIT PLAN

FOR UNREPRESENTED EMPLOYEES
Department Heads, Management and Non-Management
Updated July October 1027, 20232
(Excludes Unrepresented Seasonal and Police Department positions)

City Council/RSA Agenda 26 Tuesday, October 10, 2023
2 Table of Contents
SECTION 1.00 CLASSIFICATIONS 3
SECTION 2.00 COMPENSATION ............................................................................................ 53 A. ACTING PAY (FOR MANAGEMENT AND NON-MANAGEMENT ONLY) ........................................................... 53 B. BILINGUAL PAY (FOR MANAGEMENT AND NON-MANAGEMENT ONLY) ....................................................... 53 C. VEHICLE ALLOWANCE (FOR DEPARTMENT HEADS ONLY): ............................................................................ 54 D. SALARY STEP SCHEDULE ................................................................................................................................. 54 E. SALARIES ........................................................................................................................................................ 64 SECTION 3.00 WORK SCHEDULES ....................................................................................... 64 SECTION 4.00 LEAVE ............................................................................................................ 65 A. ADMINISTRATIVE LEAVE FOR FLSA EXEMPT POSITIONS ................................................................................. 65 B. BEREAVEMENT LEAVE .................................................................................................................................... 86 C. FAMILY LEAVE ................................................................................................................................................ 87 D. HOLIDAYS ....................................................................................................................................................... 87 E. JURY LEAVE .................................................................................................................................................. 108 F. MILITARY LEAVE .......................................................................................................................................... 108 G. OCCUPATION INJURY LEAVE ........................................................................................................................ 108 H. PERSONAL LEAVE ......................................................................................................................................... 109 I. SICK LEAVE ................................................................................................................................................... 119 J. UNPAID LEAVE OF ABSENCE ......................................................................................................................... 119 K. VACATION .................................................................................................................................................. 1110 SECTION 5.00 INSURANCE COVERAGE ...............................................................................1311 A. HEALTH AND WELFARE COVERAGE............................................................................................................ 1311 B. LIFE INSURANCE ......................................................................................................................................... 1412 C. DEFERRED COMPENSATION PLAN (FOR DEPARTMENT HEADS AND MANAGEMENT ONLY) ...................... 1412 D. DISABILITY INSURANCE............................................................................................................................... 1413 E. CALIFORNIA GOVERNMENT VEBA OR CALGOVEBA (FOR DEPARTMENT HEADS ONLY) ....................... 1413 SECTION 6.00 RETIREMENT BENEFITS (CALPERS) ...............................................................1513 A. CLASSIC MEMBERS .................................................................................................................................... 1513 B. NEW MEMBERS ......................................................................................................................................... 1513 SECTION 7.00 EDUCATIONAL REIMBURSEMENT ................................................................1615 SECTION 8.00 SEPARATION ...............................................................................................1715

City Council/RSA Agenda 27 Tuesday, October 10, 2023
3 SECTION 1.00 CLASSIFICATIONS
The classifications that are participating in this Compensation and Benefit Plan for Unrepresented Employees are those identified below:

A. Department Heads, Management and Non-Management Classifications The classifications listed below of unrepresented positions shall be compensated pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this reference. The below classifications shall be compensated and receive benefits pursuant to this Compensation and Benefit Plan for Unrepresented EmployeesThe classifications that are participating in the unrepresented management compensation and benefit plan are those listed below:

DEPARTMENT HEADS UNREPRESENTED MANAGEMENT
Assistant City Manager/Chief Financial
Officer
Deputy City Manager
Economic and Community Development
Director
Finance Director
Human Resources Director
Information Technology Director
Community and Recreation Services
Director
Public Works Director
Assistant to the City Manager
Chief Human Resources Officer
Chief Technology Officer
City Clerk
Human Resources Analyst I
Human Resources Analyst II
Human Resources Manager
Supervising Construction Inspector

UNREPRESENTED NON-MANAGEMENT
Human Resources Technician
Administrative Specialist -
Confidential
B. Police Department Classifications
The below classifications shall be compensated and receive benefits as identified below in lieu of the compensation and benefits identified in this Compensation and Benefit Plan for Unrepresented Employees.

Chief of Police: Employment Contract and pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this reference.

Deputy Police Chief: Shall receive compensation pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this City Council/RSA Agenda 28 Tuesday, October 10, 2023
4 reference and the following benefits outlined in the Union City Police Management (PMA) Memorandum of Understanding (MOU), and successor agreements.  The following benefits:
o Leave (Section 2.00)
o Vacation (Section 3.00)
o Holidays (Section 4.00)
o Educational Incentives (Section 5.00)
o Insurance Coverage (Section 6.00)
o Uniforms (Section 7.00)
o Retiree Medical Plan (Section 8.00)
o Salaries (Section 9.00)
o Retirement (Section 10.00)
o Retirement Benefits (Section 11.00)
Police Officer Trainees: Shall receive compensation pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this reference and the following benefits provided to Sworn positions outlined in the Union City Police Officers’ Association (POA) Memorandum of Understanding (MOU), and successor agreements, with the exception of CalPERS retirement benefits which will be equivalent to the CalPERS retirement benefits provided to Non-Sworn POA positions:
 CalPERS Retirement (Sections 3.2, 3.3 and 3.4)
 The following benefits:
o Medical/Dental/Vision/Cash In-Lieu (Sections 5.1 and 5.4). o Life Insurance (Section 5.2)
o Disability Insurance (Section 5.3)
o Holiday Leave/Pay (Section 4.9 for Sworn Employees)
o Sick Leave (Sections 4.1 through 4.8).

Police Cadets: Shall receive compensation pursuant to the City’s Compensation Plan and the salary schedule as set forth in Attachment A attached hereto and incorporated herein by this reference and the following benefits provided to non-Sworn positions outlined in the Union City Police Officers' Association (POA) Memorandum of Understanding (MOU), and successor agreements, prorated based on their part-time position's equivalency to a full-time position:
 CalPERS Retirement (Sections 3.2, 3.3 and 3.4)
 The following benefits:
o Medical/Dental/Vision/Cash In-Lieu (Sections 5.1 and 5.4) o Life Insurance (Section 5.2)
o Disability Insurance (Section 5.3)
o Holiday Leave/Pay (Section 4.9 for Non-Sworn Employees) o Sick Leave (Sections 4.1 through 4.8).

Police Cadets shall also receive the following:
 An annual uniform allowance of four hundred dollars ($400.00). o Uniform allowance payments shall be made in twenty-six (26) equal payments City Council/RSA Agenda 29 Tuesday, October 10, 2023
5 coinciding with each pay period.
 New employees shall receive an initial uniform allowance of two hundred thirty• five dollars ($235.00) and begin receiving the annual uniform allowance on the first pay period after July 1, following hire.

SECTION 2.00 COMPENSATION
Administration of the Compensation Plan:

The Compensation Plan may provide a flat salary rate or a defined salary range for each employee classification with a minimum/maximum salary level and one or more intermediate steps.

A. Acting Pay (For Management and Non-Management only)
Employees who are assigned by the Department Head or their designee to assume the duties of a position of higher classification and have been assigned and worked one full day or more shall be paid at the first step of the higher classification or 5%, whichever is higher.

B. Bilingual Pay (For Management and Non-Management only) The City will compensate each management employee one hundred dollars ($100) per month ($46.15 per pay period) as compensation for providing bilingual skills, oral and/or written. All employees requesting compensation under this agreement must be certified by the City as possessing the required bilingual abilities. Certification may examine the employee's ability to converse fluently, read and/or write in a language other than English. The City reserves the right to determine the need for a specific language and the number of employees required to provide bilingual skills in each language. Compensated employees agree to utilize their bilingual skills whenever called upon.

C. Vehicle Allowance (For Department Heads only):

Employees shall be provided a vehicle allowance in the amount of Four Hundred Dollars ($400) per month ($184.62 per pay period).

D. Salary Step Schedule
Salary Step increases shall be implemented in the following manner:

An employee who is eligible for a step increase and whose anniversary date occurs during the first seven (7) days of the pay period shall have his/her step increase implemented on the first day of the pay period during which the anniversary date occurs.

An employee who is eligible for a step increase and whose anniversary date occurs during the last seven (7) days of the pay period shall have his/her step increase implemented on the first day of the following pay period.

City Council/RSA Agenda 30 Tuesday, October 10, 2023
6 E. Salaries
Effective April 4, 2022, the City will provide each Unrepresented Management and NonManagement classification with a cost-of-living increase of three percent (3.0%).

Additionally, the City shall provide a one-time lump sum payment equivalent to 3% for the period of January 10, 2022 through April 3, 2022 for these classifications.

Department Head employees will receive a one-time lump sum payment equivalent to the required contributions made toward medical, dental, and vision premiums from January 10, 2022, through April 3, 2022.

For all Unrepresented employees:

Effective the first full pay period following January 1, 2023 the City will provide each unrepresented classification subject to this Compensation and Benefits Plan with a cost-of-living increase of three percent (3.0%).

Effective the first full pay period of January 1, 2024, the City will provide each unrepresented classification subject to this Compensation and Benefits Plan with a cost-of-living increase of three percent (3.0%).

SECTION 3.00 WORK SCHEDULES
The City normally operates on a 9/80 work schedule with employees working eighty (80) hours over nine (9) consecutive business days, Monday through Friday. However, Department Heads, with the City Manager approval, shall structure the work schedules for all Management and Non-Management employees in their department. In structuring schedules, the Department Head shall be governed by the priority to provide quality service to the community. In delivering these services Department Heads have the opportunity to consider flexible scheduling options.

These scheduling opportunities shall remain solely at the City’s discretion.

SECTION 4.00 LEAVE
A. Administrative Leave for FLSA exempt positions:

In lieu of paid overtime, Unrepresented Management employees shall receive seventy (70) hours of Administrative Leave at the beginning of each fiscal year. In addition, those management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond seventy (70) hours per fiscal year shall be eligible for an additional forty (40) hours per fiscal year of Administrative Leave (II) for a total of one hundred ten (110) hours. Additional Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager.

Department Head employees shall receive one hundred fifty (150) hours of Administrative City Council/RSA Agenda 31 Tuesday, October 10, 2023
7 Leave at the beginning of each fiscal year. In addition, those management employees whose work assignments require additional work effort and/or attendance at evening and/or weekend meetings and/or special events on behalf of the City above and beyond 150 hours per fiscal year shall be eligible for an additional ten (10) hours per fiscal year of Administrative Leave for a total of one hundred (160) hours.

Effective fiscal year 2022-2023, Department Head employees shall receive one hundred sixty (160) hours of Administrative Leave at the beginning of each fiscal year.

The guidelines for making use of Administrative Leave will be as follows:

1. Employees shall submit requests for time off under Administrative Leave in writing directly to their immediate supervisor. The supervisor will approve or deny the request based upon operational needs.

2. Administrative Leave is based on the City’s fiscal year and therefore runs from July 1 to June 30.

3. Administrative Leave for employees hired after July 1 or who leave prior to June 30 of the following year will be prorated.

4. Employees may not use Administrative Leave during their first six months of service. (Exceptions to this rule may be granted by the City Manager).

For Unrepresented Management only: For fiscal year 2021-2022, unused Administrative Leave may be accumulated up to a maximum of two hundred forty (240) hours or may be cashed out as requested by the employee at the end of the fiscal year 2022 only. Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section

8.00 of this document. The unused 240-hour accumulation does not include the Additional Administrative Leave identified in paragraph below.

The award of Administrative Leave is subject to the recommendation of the Department Head and approval by the City Manager. The first 10 (ten) hours of additional Administrative Leave awarded will be deposited in the same leave bank as regular, recurring Administrative Leave, (70 hours). Additional Administrative Leave awarded above 10 hours will be loaded in a separate Administrative Leave bank and must be used during the fiscal year awarded. These hours are awarded for the prior year’s work and may not be accumulated or cashed out.

For Department Heads only: For fiscal year 2021-2022, unused Administrative Leave may be carried over to the subsequent fiscal year or may be cashed out as requested by the employee at the end of fiscal year 2022 only. Cash out is up to maximum accruals.

Said payment shall be based upon the employee's salary rate at the time of the cash out request. For separation provisions concerning Administrative Leave, please see Section

10.00 of this document. For fiscal year 2022-23, Department Heads may sell back up to their maximum accrual by December 31, 2022.

City Council/RSA Agenda 32 Tuesday, October 10, 2023
8 For Department Heads and Unrepresented Management: Effective calendar year 2023, and every calendar year thereafter, under the following conditions employees may make an irrevocable election to sell back to the City accrued administrative leave per fiscal year at the employee’s base rate of pay. Unrepresented Management positions may make an irrevocable election to sell back to the City up to seventy (70) hours. Department Head positions may make an irrevocable election to sell back to the City up to one hundred and sixty (160) hours. At the time of distribution, the following must be true:
• The employee is in good standing and meeting performance expectations on the last performance evaluation received.
• The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.

Requests to sell back administrative leave must be received by Payroll no later than December 31 for the following year’s election.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

B. Bereavement Leave:

Employees may be granted paid bereavement leave, not to exceed five (5) workdays, upon the occasion of the death of a close relative. The five days may be taken nonconsecutively. Close relatives are defined as mother, father, sister, brother, spouse, child, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-inlaw, daughter-in-law, son-in-law, stepmother, stepfather, stepchild, domestic partner, or individuals residing in the household for whom the employee has legal guardianship.

In addition, employees may be granted one (1) workday’s paid bereavement leave to attend the funeral of a close relative not in the employee’s immediate family (for example, aunts, uncles, nephews, nieces, or spouse/domestic partner's close relatives as defined above).

C. Family Leave:

The City shall comply with all provisions of the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), including their respective implementing regulations. However, Administrative Policy Memorandum (APM) #61 shall provide the overriding basis and criteria for all decisions and matters relating to Family Leave.

D. Holidays
The following are holidays:

New Year’s Day January 1
Martin Luther King, Jr.’s Birthday 3
rd Monday in January
City Council/RSA Agenda 33 Tuesday, October 10, 2023
9 President’s Day 3
rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19th
Independence Day July 4
Labor Day 1
st Monday in September
Veteran’s Day November 11
Thanksgiving Day 4
th Thursday in November
Friday after Thanksgiving 4
th Friday in November
Christmas Eve December 24*
Christmas Day December 25
Floating Holidays
Each employee shall also be granted twenty-four (24) additional Floating Holiday hours per fiscal year, which may be scheduled for use upon approval. The Floating Holiday hours, if not used within the fiscal year earned, may not be accumulated.

In the event a holiday falls on a normal day off which is either a Saturday or the first day off of the two normal days off, the employee shall observe the previous workday as the holiday. In the event a designated holiday falls upon a normal day off which is either a Sunday or the second day of the two normal days off, the employee shall observe the following workday as the holiday.

Should the holiday fall on a closed (non-working) Friday, eight (8) additional floating holiday hours shall be added to each employee's floating holiday bank in the pay period immediately before the holiday.
*Christmas Eve Observed
If Christmas Day falls on a Saturday, the Christmas Day holiday is observed on Friday; the Christmas Eve holiday is then observed on Thursday. If Christmas Day falls on a Sunday, the Christmas Day holiday is observed on Monday; there is no Christmas Eve holiday observance. When Christmas Day falls on Monday, there is no Christmas Eve holiday observance.

City offices shall be closed between Christmas Day and New Year's Day.

For Non-Management Employees Only:

Prior approval for holiday work must be obtained from the City Manager, except in an emergency situation where said approval cannot be obtained. Work performed on a holiday shall be compensated at time and one-half the straight time hourly rate, in addition to regular salary.

City Council/RSA Agenda 34 Tuesday, October 10, 2023
10 E. Jury Leave:

An employee summoned to jury duty or summoned as a witness in a City-related matter shall not suffer a loss of pay or other benefits by reason of said service. Employees are required to submit verification of jury leave attendance to their supervisor promptly upon returning to work. The juror badge attached to the jury summons notice does not qualify as verification of attendance.

F. Military Leave:

Military Leave shall be granted in accordance with the provisions of State law. All employees entitled to Military Leave shall give their Department Head an opportunity within the limits of military requirements to determine when such leave shall be taken.

G. Occupation Injury Leave:

For employee injury or disability falling within the provisions of the State Worker's Compensation Act, additional compensation equal to the difference between said employee’s regular pay and their disability compensation allowance shall be paid for a total not to exceed one-hundred seventy-six (176) hours or equal to one-half the amount of the employee's accumulated Sick Leave balance as of July 1 for each fiscal year, whichever is greater.

Included in the calculation of the one-hundred seventy-six (176) hours granted will be compensation for any waiting period. Following exhaustion of this benefit, employees may utilize accumulated Sick Leave to the extent available to make up the difference between said employee’s regular pay and their disability compensation allowance.

H. Personal Leave:

The City shall allow twenty (20) hours per fiscal year of accumulated Sick Leave to be used for conducting personal or emergency business that cannot be conducted outside regular working hours. An additional eight (8) hours will be allowed for those employees who have an accumulated Sick Leave balance as of July 1 of each fiscal year of one hundred (100) hours or more for a total of twenty-eight (28) hours per fiscal year. An additional twelve (12) hours will be allowed for those employees who have accumulated a Sick Leave balance as of July 1 of each fiscal year of two hundred (200) hours or more, for a maximum total of forty (40) hours per fiscal year. Personal Leave shall not be used as a substitute for, or in conjunction with any other type of leave. The employee must request Personal Leave at least 48 hours (2 days) prior to time of utilization. In cases of need, the immediate supervisor may waive the 48-hour notification procedure.

City Council/RSA Agenda 35 Tuesday, October 10, 2023
11 I. Sick Leave:

Employees shall earn three and 69/100 (3.69) hours per pay period of Sick Leave without limit on accumulation. Employees absent without pay for more than thirty-six (36) hours during a two week pay period shall not earn sick leave benefits for that pay period. Sick leave shall be taken in periods of no less than one-quarter of an hour.

Sick leave may be utilized due to the employee's personal sickness, injury, maternity leave, sickness, or injury in the immediate family, in accordance with the provisions outlined in Administrative Policy Memorandum (APM) #21, Administration of Sick Leave, which shall serve as the operating guideline for both employees and management.

Employees shall be allowed to convert sixty (60) hours of unused Sick Leave per fiscal year to their Vacation Time Bank provided the employee maintains a balance of fourhundred eighty (480) hours of Sick Leave. Conversion of Sick Leave to Vacation Leave is on an hour-for-hour basis and may only take place at the end of each fiscal year.

J. Unpaid leave of Absence
The City Manager may grant, a regular employee other than a probationary employee, a Leave of Absence without pay for a maximum period of one (1) year. The City Manager may grant an extension of an approved Leave of Absence without pay for an additional period, said extension not to exceed one additional (1) year. An Unpaid Leave of Absence may be granted if it does not have an unduly adverse impact on the service of the City, the purpose of the leave would be beneficial to the City, or it would meet some pressing and extreme need of the employee. Whenever granted, such leave requests shall be in writing and signed by the City Manager.

Upon expiration of the Unpaid Leave of Absence, the employee will be reinstated to the position held at the time leave was granted. Failure of the employee to report promptly at the expiration of the Unpaid Leave of Absence, or within a reasonable time after notice to return to duty shall terminate their right to be reinstated. Unpaid Leaves of Absence shall not be taken during the first six (6) months of City employment.

Employee is fully responsible for all benefit premiums while on approved Unpaid Leave of Absence.

K. Vacation
Employees shall accrue vacation benefits annually in accordance with the following schedule and provisions:

City Council/RSA Agenda 36 Tuesday, October 10, 2023
12 Years of Service Annual Accrual
Rate
Non-Mgmt. Max
Accrual
Mgmt. Max
Accrual
Dept Head Max
Accrual
0-3 Years 80 160 320 560
4 – 8 Years 120 240 400 560
9-12 Years 140 280 440 560
13 - 15 Years 160 320 480 560
16+ Years 200 400 560 560
 Non-Management employees shall be limited to accruing two times their maximum number of annual accrual rate.
 Management employees shall be limited to accruing two times their maximum number of annual accrual rate plus 160 hours per year.
 Department Heads may accrue up to 560 hours.

The City Manager shall have the authority to provide credit for years of service with a prior agency for newly hired Department Heads for purposes of establishing the vacation accrual rate per City Council Resolution 5793-21.

For calendar year 2022, Management and Non-Management employees may receive annual cash payment for up to eighty (80) hours of Vacation Leave provided an 80-hour balance vacation balance is maintained after cash out. Department Heads may cash out any number of hours provided an 80-hour balance is maintained after cash out.

Effective calendar year 2023, under the following conditions employees may make an irrevocable election to sell back to the City accrued vacation leave per calendar year at the employee’s base rate of pay. Management and Non-Management may make an irrevocable election to sell back up to eighty (80) hours and Department Heads may make an irrevocable election to sell back to the City up to their annual accrual.

At the time of distribution, the following must be true:
 The employee is in good standing and meeting performance expectations on the last performance evaluation received.
 The employee must have taken a minimum of eighty (80) hours of vacation, holiday and/or administrative leave in the preceding twelve (12) months.  The employee must have a remaining balance of at least forty (40) hours following the sell back.

City Council/RSA Agenda 37 Tuesday, October 10, 2023
13 Requests to sell back vacation leave must be received by Payroll no later than December 31 for the following year’s election.

The City makes no representation as to the tax consequences of an employee cashing out accrued leave. It is the employee’s sole responsibility to address the tax consequences of cashing out accrued leave.

Employees shall receive cash payment for all unused excess Vacation Leave at their current salary rate at the time of separation or upon the start of an extended leave from City employment.

SECTION 5.00 INSURANCE COVERAGE
A. Health and Welfare Coverage
The City shall contribute to the cafeteria plan up to Two Thousand Dollars ($2,000) per month toward the medical, dental and vision premiums for all employees, regardless of the plan in which they are enrolled. This monthly contribution includes the City's basic employer contribution for health premiums under PEMCHA which City Council Resolution No. 2279-02 set as the minimum required under PEMCHA. Employees shall pay premium costs exceeding the City's maximum contribution amount.

The City agrees to advance the full cost of health premiums (medical, dental, vision, and LTD coverage) when an employee is on leave without pay for medical reasons. Amounts advanced shall be limited to three (3) months beyond any FMLA benefits and shall be due and payable to the City within six (6) months of return to work or upon termination.

Retirees may elect to continue coverage with the group medical and dental plans at retiree’s cost.

Employees who are covered for medical benefits through a spouse’s other alternative medical insurance may elect not to enroll in a City group medical plan and are not eligible for the City's contribution towards medical, dental and vision premiums as identified in this Section. Employees electing this option shall provide proof of medical coverage to the City. In lieu of medical insurance premiums, the City will pay the employee who waives coverage, the amount of $300 per month or $138.46 per pay period.

Employees may elect to receive this payment in cash, paid directly to the employee in their normal paycheck, or to have this amount deposited into the employee’s deferred compensation account. Approval for the deferred compensation option is subject to acceptance of satisfactory certification of spousal or other alternative medical coverage by the Human Resources Department. Retirees may elect to continue coverage with the group medical plan.

City Council/RSA Agenda 38 Tuesday, October 10, 2023
14 The City will contribute to PERS health insurance premiums, for retirees who were covered by this compensation and benefits plan at the time of their retirement and are enrolled in a PERS health plan, and for employees participating in the City’s cafeteria plan described above, an amount equal to the City's basic employer contribution for health premiums which City Council Resolution No. 2279-02 set as the minimum required under PEMHCA.

B. Life Insurance:

The City shall provide life insurance coverage for unrepresented employees as follows:
$100,000 for life insurance, and $100,000 for accidental death or dismemberment.

Supplemental life insurance is also available, the cost of which shall be borne by the employee.

C. Deferred Compensation Plan (for Department Heads and Management Only) The City shall contribute one hundred dollars ($100.00) per month ($46.15 per pay period) to a pre-tax 401(a) Deferred Compensation Plan. The specific groupings/divisions of management classifications shall be defined at plan inception and shall be based upon criteria stated in the Deferred Compensation Plan. The option to opt out is currently irreversible and can take place only when an employee is hired/promoted to a management-level classification. If an employee opts out of plan entirely, he/she will not receive said benefit.

All details of the Deferred Compensation Plan will be consistent with the requirements of the plan provider.

D. Disability Insurance:

Both Short-Term Disability (STD) and Long-Term Disability (LTD) Insurance programs are available. Participation in the Short-Term and Long-Term Disability Plans is not optional.

E. California Government VEBA or CALGOVEBA (For Department Heads Only)
The City will contribute a monthly pre-tax employer contribution of $200.00 per month or $92.31 pay period toward the CalVEBA 501(C)9 Trust pursuant to the agreement attached as Exhibit A as may be amended from time to time pursuant to the requirements of such agreement. Department Head employees will be subject to the provisions of such agreement as may be revised.

City Council/RSA Agenda 39 Tuesday, October 10, 2023
15 SECTION 6.00 RETIREMENT BENEFITS (CalPERS)
A. Classic Members:

Consistent with its historical practice, the City pays the full share of the employee contributions to CalPERS and reports the payments as Employer Paid Member Contributions (EPMC) on behalf of the CalPERS classic members. For classic members receiving benefits based on the 2.5% at 55 formula, these payments are equal to 8% of the member employees' reportable income. For classic members receiving payments based on the 2% at 60 formula, these payments are equal to 7% of the member employees’ reportable income.

2.5% at 55: Classic Members hired prior to November 24, 2010 are provided benefits under the CalPERS 2.5% at 55 retirement formula, with final compensation calculated based on the employee's highest earning year. Employee cost sharing will be 11%. 2% at 60: Employees hired on or after November 24, 2010 are provided benefits under the CalPERS 2% at 60 retirement formula. Final compensation for these employees will be calculated based on the highest three-year average earnings. Employee cost sharing will be 10%.

B. New Members
CalPERS new members hired by the City on or after January 1, 2013 are provided pension benefits using a 2.0% at 62 formula. New members are responsible for contributing to CalPERS as required by CalPERS law.

In addition to their required employee contribution, new members of Management are required to contribute 3% of the City’s contribution and new members of NonManagement are required to contribute 1.5% of the City’s contribution. As of the time this compensation plan is adopted, the total employee contribution is 10% for Department Heads and Management employees and 8.5% for Non-Management employees. This contribution will increase if the employee contribution rate for new members is increased above the current rate of 7%.

Specific Features of CalPERS Benefits
Specific features of the CalPERS benefits applicable to all employees hired prior to January 1, 2011 include:

Indexed Level of the 1959 Survivor Benefit as provided in Section 21574.5.

One-Year Fiscal Compensation as provided in Section 20042.

Post-Retirement Survivor Allowance as provided in Sections 21624, 21626 and 21628.

City Council/RSA Agenda 40 Tuesday, October 10, 2023
16 Benefits Payable to Surviving Spouse upon the death of an employee who qualified for retirement shall continue in full should the Spouse remarry as provided in Section 21551.

Continuation of Surviving Spouse-Benefits upon remarriage as provided in Section 21635.

Military Credit for time served in active military or merchant marine service prior to employment with the City as Public Service as provided in Section 21024, provided such cost of this enhancement be fully borne by the employee.

Sick Leave Credit as provided in Section 20965 for any unused sick leave days will be converted to service credit at the rate of 0.004 years of service for each day of sick leave provided there is less than 120 days between the member's separation date and retirement date.

Non-Industrial Disability pursuant to Section 21427, providing an annuity equal to 30% of final compensation with five years of service increasing 1% for each year in excess of five years to a maximum of 50% of final compensation.

One-time lump sum payout of $500 upon the death of a retiree paid to the retiree's survivor or retiree's estate pursuant to Section 21620.

COLA Adjustment of 2% beginning after the second calendar year after the year of retirement and each year thereafter provided the adjustment is not greater than the change in CPI-Section 21329.

Two Years Additional Service Credit to employees who retire within a specified period provided in Government Code Section 20903.

Members not covered by Social Security upon retirement shall receive a monthly allowance of $350, $700, or $840 depending on the number of eligible survivors as defined in Section 21573.

SECTION 7.00 EDUCATIONAL REIMBURSEMENT
For Management Employees Only:

When a management employee voluntarily, and with prior approval of the City Manager, undertakes any education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training to a maximum of three thousand dollars ($3,000) per City Council/RSA Agenda 41 Tuesday, October 10, 2023
17 fiscal year, subject to an annual cap of nine thousand dollars ($9,000) per fiscal year on total educational reimbursements paid by the City for management employees where the employee identifies the total cost of the course up front. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay.

Employees may be reimbursed for more than one course per fiscal year or over the life of their employment with the City if total cost of all reimbursements does not exceed three thousand dollars ($3,000) per fiscal year. To qualify for reimbursement, employees shall submit written requests to the City Manager and requests shall be considered on a first come, first serve basis each fiscal year.

For Non-Management Employees Only:

When an employee voluntarily and with prior approval of their department head undertakes an education or training program that will improve their skills and abilities in relation to the job, the City will reimburse the employee upon successful completion of the course for the cost of the course or training. The reimbursement will be limited to an aggregate annual cap of $9,000 for all employees, to be distributed in accordance with City procedures. If the books are turned over to the City upon course completion, the City shall reimburse the employee for the costs of the books. Where the class is of unusual value and cannot be scheduled during the employee's off hours, the employee may be excused at no loss of pay. For purposes of this Section, costs incurred by employees for obtaining and maintaining professional certification or registration shall be reimbursable so long as conditions of approval and course completion are met.

SECTION 8.00 SEPARATION
Upon separation from the City or upon the start of an extended leave from City employment (e.g., military duty, etc.), employees shall receive cash payment on a pro-rated basis for unused Administrative Leave and Holiday Hours. Said payment(s) shall be based upon the employee's accrued Administrative Leave and Holiday hours and base salary rate at the time of separation or upon the start of an extended leave from City employment.

At that time, employees shall also receive full cash payment for any unused accrued vacation and administrative leave. Said payment shall be based upon the employee's base salary rate at time of separation or upon the start of an extended leave from City employment. However, employees shall not receive cash payment for any unused accrued sick or floating holiday leave. All of the aforementioned separation payments, including additional monies owed from negotiated severance packages, shall be paid to employees within 14 calendar days after separation.

City Council/RSA Agenda 42 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CLIPPER® BAYPASS PILOT PROGRAM PARTICIPATION

AGREEMENT, IN A FORM APPROVED BY THE CITYATTORNEY
It is recommended that the City Council adopting a resolution authorizing the City Manager to execute the Clipper® BayPass Pilot Program Participation Agreement, in a form approved by the City Attorney.

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

BACKGROUND
In November 2021, the Metropolitan Transportation Commission’s (MTC) Fare Integration Task Force adopted the Bay Area Fare Policy Vision Statement which directed MTC staff to pilot a regional institutional pass product that could be used on all Bay Area transit systems. In August 2022, the first phase of the Clipper® BayPass Pilot Program was launched to pilot an unlimited-use pass product at four (4) higher education institutions (University of California at Berkeley, San Francisco State University, San Jose State University, and Santa Rosa Junior College) and residents of thirteen (13) affordable housing communities managed by Mid-Peninsula (MidPen) Housing. The distribution of the Clipper® BayPass varied between institutions; some were on a random basis, while others were on an application basis.

The Clipper® BayPass Pilot Program is administered by staff from MTC and the Bay Area Rapid Transit District (BART). The goal of the pilot is to evaluate the impact that an unlimited regional transit pass may have on transit ridership, transit revenues, and customer experience. Transit Operator Phase 1 participation did not require governing board approval; Union City Transit was permitted to participate by administrative consent.

Clipper® BayPass Phase 1 participants received a Clipper® BayPass to use on any Bay Area transit system.

City Council/RSA Agenda 43 Tuesday, October 10, 2023
MTC allocated State Transit Assistance (STA) funds to backfill any revenue impact to transit operators.

Union City Transit was allocated a minimum of $5,000, which is sufficient to compensate for the use of Clipper® BayPass. More information about the Clipper® BayPass Pilot Program can be found at www.clipperbaypass.com.

DISCUSSION
A second phase (Phase 2) of the pilot has been scoped to include up to ten (10) employers and/or institutions in the Bay Area with a combined total of up to 20,000 individuals. Each employer/institutional customer of Phase 2 willenter into a one-year contract with MTC which will set forth the financial terms of the purchase of the Clipper® BayPass product. These contracts will be subject to renewal on an annual basis, with financial terms subject to change. Clipper® BayPass is designed in a manner that protects existing transit operator revenues, especially for those operators who have their own existing institutional pass programs.

Phase 2 of the Clipper® BayPass Program will begin on December 1, 2023, and continue through June 30, 2026. It is designed with a goal of generating new riders and new revenue sources for transit operators, and to broaden access to institutional pass programs. The launch of Phase 2 will require the execution of a Participation Agreement between transit operators and MTC. The agreement details the guiding principles for the pilot, describes program mechanics, including revenue distribution strategies, and codifies consent to participate in the Phase 2 of the pilot.

The terms of any future post-pilot program are subject to future negotiation. Any transit operator will have the discretion to participate or not participate in any future post-pilot Clipper® BayPass program that may be established.

FISCAL IMPACT
There is no impact to Union City Transit funding or fare revenues. In Phase 2, MTC will be reimbursing transit operators for trips based on actual passenger usage at a rate equal to a regular adult Clipper® fare.

There will be no impact on the General Fund.

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the Clipper® BayPass Pilot Program Participation Agreement, in a form approved by the City Attorney.

Prepared by:

Wilson Lee, Project Specialist
Submitted by:

Steve Adams, Transit Manager
City Council/RSA Agenda 44 Tuesday, October 10, 2023
ATTACHMENTS:

Description Type
Resolution Resolution
Attachment 1 - Participation Agreement Attachment
City Council/RSA Agenda 45 Tuesday, October 10, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY AUTHORIZING THE CITY MANAGER TO EXECUTE THE CLIPPER®

BAYPASS PILOT PROGRAM PARTICIPATOIN AGREEMENT, IN A

FORM APPROVED BY THE CITY ATTORNEY
WHEREAS, on November 15, 2021, the Metropolitan Transportation Commission’s (MTC) Fare Integration Task Force adopted a Bay Area Transit Fare Policy Vision Statement which called for the “deployment of an all-transit agency institutional/employer pass demonstration pilot in 2022, with a focus on educational institutions, affordable housing properties, and employers of various sizes, pending available resources/technical considerations;” and
WHEREAS, the Clipper® BayPass Pilot Program was created in 2022 under the direction of the Fare Integration Task Force to evaluate the impact that an unlimited institutional regional transit pass may have on transit ridership, revenues, and customer experience; and WHEREAS, on August 1, 2022, MTC along with the Bay Area transit operators launched Phase 1 of the Clipper® BayPass Pilot Program at four (4) higher education institutions(University of California at Berkeley, San Francisco State University, San Jose State University, and Santa Rosa Junior College) and thirteen (13) affordable housing properties managed by Mid-Peninsula (MidPen) Housing Corporation; and
WHEREAS, MTC allocated State Transit Assistance (STA) funds to participating transit operators to backfill any revenue impact from the use of the Clipper® BayPass product; and WHEREAS, Phase 2 of the Clipper® BayPass Pilot Program will expand to include up to ten (10) employers and/or institutions in the Bay Area with a combined total of up to 20,000 individuals; and
WHEREAS, Phase 2 of the Clipper® BayPass Pilot Program will begin on December 1, 2023 and continue to no later than June 30, 2026; and
WHEREAS, the Clipper® BayPass program is designed with a goal of generating new riders and new revenue sources for transit operators, and to broaden access to institutional pass programs; and
WHEREAS, participation in Phase 2 of the Clipper® BayPass Pilot Program requires each transit operator to enter into a Participation Agreement with MTC.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Union City hereby adopts a resolution authorizing the City Manager to execute the Clipper® BayPass Pilot Program Participation Agreement, in a form approved by the City Attorney.

City Council/RSA Agenda 46 Tuesday, October 10, 2023
Resolution XXXX-23

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 47 Tuesday, October 10, 2023

CLIPPER® BAY PASS PILOT PROGRAM PARTICIPATION AGREEMENT This Clipper® BayPass Pilot Program Participation Agreement (the “Agreement”) is entered into as of the ____ day of __________, 2023 (the “Effective Date”), by and among the Metropolitan Transportation Commission (“MTC”) and the following transit operators participating in the Clipper® BayPass Pilot Program (referred to herein individually as an “Operator” or collectively as the “Operators”) 1 :

Alameda-Contra Costa Transit District (“AC Transit”); Golden Gate Bridge Highway and Transportation District (“GGBHTD”); the San Francisco Bay Area Rapid Transit District (“BART”); the City and County of San Francisco, acting by and through its Municipal Transportation Agency ("SFMTA"); the San Mateo County Transit District ("SamTrans"); the Santa Clara Valley Transportation Authority (“VTA”); the Peninsula Corridor Joint Powers Board (“Caltrain”); Central Contra Costa Transit Authority; City of Fairfield, as the operator of Fairfield and Suisun Transit; City of Petaluma; Eastern Contra Costa Transit Authority; Livermore/Amador Valley Transit Authority; Marin County Transit District; Napa Valley Transportation Authority; Solano County Transit; Sonoma County Transit; Sonoma-Marin Area Rail Transit (“SMART”); Vacaville City Coach; Western Contra Costa Transit Authority; San Francisco Bay Area Water Emergency Transportation Authority; City of Santa Rosa; and City of Union City.

MTC and the Operators are referred to herein collectively as the “Parties” or individually as a “Party”.

RECITALS
WHEREAS, on November 15, 2021, the Fare Integration Task Force, a special committee of the Clipper Executive Board, consisting of transit operators, MTC, and county transportation agencies, adopted a Bay Area Transit Fare Policy Vision Statement which called for the “deployment of an all-transit agency institutional/employer pass demonstration pilot in 2022, with a focus on educational institutions, affordable housing properties, and employers of various sizes, pending available resources/technical considerations;” and WHEREAS, as of January 1, 2023 several Operators offer their own employer/institutional pass products, such as AC Transit’s EasyPass Program, Caltrain’s GO Pass Program, SamTrans’ Way2Go Program, and VTA’s SmartPass Program, collectively referred to as “Preexisting Institutional Pass Products;” and
WHEREAS, the Clipper BayPass Pilot Program was created in 2022 under the direction of the Fare Integration Task Force in order to deliver on the commitment to establish an institutional/employer pass pilot to evaluate the impact that an unlimited institutional regional transit pass may have on transit ridership, revenues, and customer experience. The Clipper BayPass Pilot Program is administered by staff from MTC and BART; and WHEREAS, the Clipper BayPass Pilot Program utilizes the Clipper fare payment system product known as the “Events Pass”. The Clipper BayPass Pilot Program provides individual participants with a transit pass good for unlimited travel on all transit services operated by the Operators that accept Clipper, with the exception of Cable Car service operated by the SFMTA (“Clipper BayPass”).; and
WHEREAS, on August 1, 2022, the Parties launched Phase 1 of the Clipper BayPass Pilot Program at the University of California, Berkeley, San Francisco State University, San Jose State University, Santa Rosa Junior College and 13 affordable housing properties managed by MidPen Housing Corporation (“Clipper BayPass Phase 1 Participants”); and City Council/RSA Agenda 48 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

WHEREAS, Operators consented to participate in Phase 1 of the Clipper BayPass Pilot Program prior to the August 1, 2022 launch of the program through written consent, consisting of governing board approval and/or executive director/general manager approval as conveyed to MTC by respective Operators; and
WHEREAS, Clipper BayPass Phase 1 Participants received Clipper BayPass at no cost as each of these institutional participants was in an existing contractual relationship with at least one Operator to purchase a transit pass product that provided access to one or more Operators’ transit service. MTC allocated State Transit Assistance funds to each Operator, starting in FY 2022-23 and to continue until the conclusion of the Phase 1 Pilot, to backfill any revenue impact from use of the Clipper BayPass by Clipper BayPass Phase 1 Participants; and WHEREAS, Phase 2 of the Clipper BayPass Pilot Program will offer the Clipper BayPass product for sale to up to 10 employers and/or institutions in the Bay Area with a combined total of up to 20,000 individuals. Each employer/institutional customer of Phase 2, with the exception of Preexisting Institutional Pass Product customers, will enter into a one-year contract with MTC which will set forth the financial terms of the purchase of the Clipper BayPass product. Contracts will be subject to renewal on an annual basis, with financial terms subject to change. Preexisting Institutional Pass Product customers will maintain their existing contractual relationship with the Operator offering their Preexisting Institutional Pass Product with a separate additional contract with MTC for Phase 2 of the Clipper BayPass Pilot unless the Operator, MTC, and customer mutually agree to another contracting arrangement; and
WHEREAS, Phase 2 of the Clipper BayPass Pilot Program will begin on December 1, 2023 and continue to no later than June 30, 2026; and
WHEREAS, the Clipper BayPass program is designed with a goal of generating new riders and new revenue sources for transit operators, and to broaden access to institutional pass programs; and
WHEREAS, During Phase 2 of the Clipper BayPass Pilot Program, Clipper BayPass will not be offered at a price that undercuts the cost of any Preexisting Institutional Pass Products. The cost of Clipper BayPass to any employer will be above the cost of any Preexisting Institutional Pass Product for operators that serve the employer’s physical location. Service is defined as a rail station or bus stop within three miles of an employer’s physical location; and WHEREAS, During Phase 2 of the Clipper BayPass Pilot Program in San Mateo County and Santa Clara County, Clipper BayPass will only be offered to Preexisting Institutional Pass Product customers of Caltrain’s GoPass Program within three miles of a Caltrain rail station or VTA’s SmartPass Program outside of three miles of a Caltrain rail station; and WHEREAS, Phase 2 of the Clipper BayPass Pilot program is designed in a manner that protects existing transit operator revenues, especially for operators with existing institutional pass programs; and
WHEREAS, MTC and Clipper BayPass project staff will continue to engage with operator staff and executives to share pilot findings, project updates, and to collect feedback from transit operators about the program; and
WHEREAS, MTC and Clipper BayPass project staff will proactively seek input and consent from Operators before any long-term program is established; and City Council/RSA Agenda 49 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

WHEREAS, it is the understanding of the parties that the pricing and revenue distribution terms in this agreement do not establish a precedent for pricing or revenue distribution in any post-pilot Clipper BayPass program that might be established. The terms of any such future program are subject to later negotiation. Any Operator will have the discretion to participate or not participate in any future post-pilot Clipper BayPass program that that might be established; NOW, THEREFORE, in consideration of the facts recited above, the Parties agree as follows:

ARTICLE I
Operator Responsibilities
Each Operator agrees to:

A. Participate in the Clipper BayPass Pilot program for the remaining period of the Phase 1 Pilot, lasting until July 31, 2024.

B. Participate in the Clipper BayPass pilot program for the entirety of the Phase 2 Pilot lasting from the Effective Date until no later than June 30, 2026.

C. Provide in-kind staff and administrative support needed to successfully deliver and administer the Clipper BayPass Pilot program at the Operator.

D. Partner with MTC, other Operators, and/or their designated third-party consultants for the Clipper BayPass Pilot to organize evaluation and research activities including surveys, focus groups, and other similar research methods over the course of the Pilot.

E. Facilitate the payment to the Operator of revenues generated by the sale of Clipper BayPass to institutions during Phase 2 by MTC.

ARTICLE II
MTC Responsibilities
MTC agrees to:

A. Administer the Clipper BayPass Pilot program for the remaining period of the Phase 1 Pilot, lasting until July 31, 2024.

B. Administer the Clipper BayPass Pilot program for the entirety of the Phase 2 Pilot lasting from December 1, 2023 until no later than June 30, 2026.

C. Provide in-kind staff and administrative support needed to successfully deliver and administer the Clipper BayPass Pilot program, including managing the contractual relationship with employer customers, customer support, new business development, financial management, public information, communications, and technology support/operations.

D. Provide regular updates to the Fare Integration Task Force or any designated successor body on the status of the Clipper BayPass Pilot program.

E. Conduct an evaluation of the Clipper BayPass Pilot, as directed by the Fare Integration Task Force or any designated successor body.

City Council/RSA Agenda 50 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

F. Collect revenue generated by sales from the Phase 2 Clipper BayPass Pilot Product (“Phase 2 revenue”) under the terms of individual contracts with employer/institutional customers.

G. Allocate Phase 2 revenues and any other approved funds to the Parties under the terms set forth in Article III.

ARTICLE III
Program Revenues
A. Any Phase 2 revenue generated by the sales of Clipper BayPass to an employer/ institutional customer that was not a customer of an Operator’s Preexisting Institutional Pass Product on either January 1, 2020 or on the Effective Date shall be allocated by MTC amongst the Parties based on actual passenger usage of the Clipper BayPass Phase 2 product at a rate equal to a regular Adult Clipper fare for each trip taken.

B. Any Phase 2 revenue generated by the sales of Clipper BayPass to an employer/ institutional customer that was a customer of an Operator’s Preexisting Institutional Pass Product on either January 1, 2020 or on the Effective Date shall first be allocated to the Operator holding the Preexisting Institutional Pass Product contract with the employer/institutional customer in an amount equal to the cost of the Preexisting Institutional Pass Product for that employer/institutional customer during the current fiscal year at the time. Remaining revenues not allocated to the Operator holding the Preexisting Institutional Pass Product contract will be available to allocate according to the process described in subsection A.

C. Should the Phase 2 revenue be in excess of the amount needed to reimburse Operators under the terms described in Article III, subsections A and B, these additional revenues up to a limit of $1,000,000 or whatever costs were incurred by MTC to establish the Phase 2 program, whichever is less, shall be available to reimburse MTC for the operation and management of the Clipper BayPass Pilot program subject to the approval of the Fare Integration Task Force or any designated successor body. All additional excess revenues, beyond the limit described above, will be allocated to transit operators based on each operator’s share of overall Phase 2 ridership.

D. Should the Phase 2 revenue be insufficient to reimburse Operators under the terms described in Article III, subsections A and B, MTC may use budgeted and MTC Commission approved funds (“revenue backstop”), currently $5,000,000 as of the Effective Date, as an alternative source of funding to reimburse Operators.

E. The project team, consisting of MTC and BART staff, will keep the Fare Integration Task Force or any designated successor body updated on a regular basis on Phase 2 revenues, usage, and interested customers, and MTC will not enter into additional contracts with employer/institutional customers if it is determined by MTC that the $5,000,000 revenue backstop may be insufficient to fully reimburse Operators the terms described in Article III, subsections A and B.

F. Should any existing employer/institutional customer of one of the Operators’ Preexisting Institutional Pass Products express an interest in purchasing the Clipper BayPass product, the Clipper BayPass will only be offered to the existing employer/institutional customer as upgrade to their Preexisting Institutional Pass Product. MTC will manage a City Council/RSA Agenda 51 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

supplemental contract for the BayPass upgrade, and the Parties will strive to align operational processes between the Clipper BayPass and the Preexisting Institutional Pass programs.

ARTICLE IV
Indemnification
A. Mutual Indemnification. No Party to this Agreement (including any of its directors, commissioners, officers, agents or employees) shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by any other Party under or in connection with this Agreement. Pursuant to Government Code Section 895.4, each Party agrees to fully indemnify and hold other Parties harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by such indemnifying Party under or in connection with this Agreement and for which such indemnifying Party would otherwise be liable.

B. Operator Indemnification of MTC. Notwithstanding the provisions of Subsection A above, each Operator shall indemnify, hold harmless, and defend MTC (including any of its directors, commissioners, officers, agents or employees) from any and all claims or liability resulting from any action or inaction on the part of such Operator relating to its responsibilities under or in connection with this Agreement.

C. MTC Indemnification of Operators. Notwithstanding the provisions of Subsection A above, MTC shall indemnify, hold harmless, and defend each Operator (including any of its directors, commissioners, officers, agents or employees) from any and all claims or liability resulting from any action or inaction on the part of MTC under or in connection with this Agreement.

ARTICLE V
Term
The term of the Agreement shall begin upon the Effective Date and continue until June 30, 2026, unless terminated by written agreement of the Parties.

ARTICLE VI
Changed Circumstances
Any Party may initiate informal discussions among the Parties concerning the provisions of this Agreement, based on its assessment that changes in other factors external to the Agreement indicate that it would be in the best interests of one or more Parties to consider revisions to the Agreement. If a majority of Parties agree, the Parties will then jointly evaluate the changed circumstances to determine what, if any, revisions to the Agreement are necessary or desirable. Any agreed-upon changes shall require an amendment to the Agreement approved and executed by all Parties.

ARTICLE VII
Legal Representation and Common Interest
The Parties recognize a mutuality of interest, and a need for joint cooperation in legal matters relating to Clipper. In furtherance of this common interest, any communications among Parties and counsel for any of the Parties shall be confidential and protected from disclosure to any third party by each and every privilege – including, but not limited to, the attorney-client privilege, the attorney work product privilege, and the pooled information privilege – notwithstanding the dissemination of the communications and work product among Parties by the counsel that made the information available in the first instance. If City Council/RSA Agenda 52 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

information covered by the privileges is requested by a third party pursuant to a subpoena or other discovery request, then counsel receiving the request shall notify in a timely fashion the counsel who disclosed the information so that the privileges against disclosure may be asserted.

Should any Party withdraw from or otherwise terminate its participation in the Clipper program, such withdrawal or termination shall not impair the privileges that protect any information that has been shared prior to such action. Any Party that withdraws or terminates its participation in the Clipper program shall promptly return all privileged materials that the Party has received.

ARTICLE VIII
Confidential Information
Either MTC or an Operator (the “Receiving Party”) may, in the course of carrying out its responsibilities under this Agreement, have access to proprietary or confidential information owned by the other Party (“the Disclosing Party”), the disclosure of which to third parties may damage the Disclosing Party. Such proprietary or confidential information must be held by the Receiving Party in confidence and used only in performing its responsibilities as provided in the Agreement. The Receiving Party shall exercise at least the same standard of care it would use to protect its own proprietary or confidential information.

SIGNATURES ON SUBSEQUENT PAGES
City Council/RSA Agenda 53 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

IN WITNESS WHEREOF, this Agreement has been duly authorized and executed by the Parties hereto on the dates specified below by their duly authorized representatives.

Metropolitan Transportation Commission Approved as to form:

Kathleen Kane, General Counsel
Name: Andrew B. Fremier Matthew Lavrinets, Senior Counsel Title: Executive Director
Date:

City Council/RSA Agenda 54 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Alameda-Contra Costa Transit District Approved as to form:

Name: Michael A. Hursh Jill A. Sprague, General Counsel Title: General Manager
Date:

City Council/RSA Agenda 55 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Golden Gate Bridge, Highway and Approved as to form:

Transportation District
Name: Denis J. Mulligan Kimon Manolius, General Counsel Title: General Manager
Date:

City Council/RSA Agenda 56 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

San Francisco Bay Area Rapid Transit District Approved as to form:

Name: Robert M. Powers Matthew Burrows, General Counsel Title: General Manager
Date:

City Council/RSA Agenda 57 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

City and County of San Francisco Approved as to form:

Municipal Transportation Agency David Chiu, City Attorney Name: Jeffrey Tumlin Robin M. Reitzes, Deputy City Attorney Title: Director of Transportation
Date:

City Council/RSA Agenda 58 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

San Mateo County Transit District Approved as to form:

Name: April Chan Joan L. Cassman, General Counsel
Title: General Manager/CEO
Date:

City Council/RSA Agenda 59 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Santa Clara Valley Transportation Authority Approved as to form:

Name: Carolyn Gonot Evelynn Tran, General Counsel
Title: General Manager/Chief Executive Officer
Date:

City Council/RSA Agenda 60 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Peninsula Corridor Joint Powers Board Approved as to form:

Name: Michelle Bouchard James Harrison, General Counsel Title: Executive Director
Date:

City Council/RSA Agenda 61 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Central Contra Costa Transit Authority Approved as to form:

Name: William Churchill Julie Sherman, General Counsel
Title: General Manager
Date:

City Council/RSA Agenda 62 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

City of Fairfield Approved as to form:

Fairfield and Suisun Transit
Name: David Gassaway David Lim, City Attorney
Title: City Manager
Date:

City Council/RSA Agenda 63 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

City of Petaluma Approved as to form:

Name: Peggy Flynn Eric W. Danly, City Attorney
Title: City Manager
Date:

City Council/RSA Agenda 64 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Eastern Contra Costa Transit Authority Approved as to form:

Name: Rashidi Barnes Eli Flushman, General Counsel
Title: Chief Executive Officer
Date:

City Council/RSA Agenda 65 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Livermore/Amador Valley Transit Authority Approved as to form:

Name: Christy Wegener Michael N. Conneran, General Counsel Title: Executive Director
Date:

City Council/RSA Agenda 66 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Marin County Transit District Approved as to form:

Name: Nancy E. Whelan Kerry Gerchow, County Counsel
Title: General Manager
Date:

City Council/RSA Agenda 67 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Napa Valley Transportation Authority Approved as to form:

Name: Kate Miller Osman Mufti, General Counsel
Title: Executive Director
Date:

City Council/RSA Agenda 68 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Solano County Transit Approved as to form:

Name: Beth Kranda Bernadette Shilts Curry, County Counsel Title: Executive Director
Date:

City Council/RSA Agenda 69 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

City of Santa Rosa Approved as to form:

Name: Maraskeshia Smith Sue A. Gallagher, City Attorney Title: City Manager
Date:

City Council/RSA Agenda 70 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Sonoma-Marin Area Rail Transit District Approved as to form:

Name: Eddy Cumins Thomas Lyons, General Counsel
Title: General Manager
Date:

City Council/RSA Agenda 71 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Vacaville City Coach Approved as to form:

Name: Brian McLean Melinda C. H. Stewart, City Attorney Title: Assistant Director of Public Works
Date:

City Council/RSA Agenda 72 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Western Contra Costa Transit Authority Approved as to form:

Name: Robert Thompson Michael N. Conneran, General Counsel Title: General Manager
Date:

City Council/RSA Agenda 73 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

San Francisco Bay Area Water Emergency Approved as to form:

Transportation Authority
Name: Seamus Murphy Steve Miller, General Counsel
Title: Executive Director
Date:

City Council/RSA Agenda 74 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

Sonoma County Transit Approved as to form:

Name: Bryan Albee Jeremy Fonseca, General Counsel
Title: Transit Systems Manager
Date:

City Council/RSA Agenda 75 Tuesday, October 10, 2023
Clipper® BayPass Pilot Participation Agreement

City of Union City Approved as to form:

Name: Joan Malloy Kristopher J. Kokotaylo, City Attorney Title: City Manager
Date:

City Council/RSA Agenda 76 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARILOU AYUPAN, PUBLIC WORKS DIRECTOR
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER, IN THE AMOUNT OF $373,000, TO PURCHASE, WHEN AVAILABLE, FIVE (5) REPLACEMENT VEHICLES

FROM NATIONALAUTO FLEET GROUP OF WATSONVILLE, AND
APPROPRIATING $73,000 TO THE GARAGE EQUIPMENT

REPLACEMENT FUND
Staff recommends that the City Counciladopt a resolution authorizing the City Manager to approve a purchase order, in the amount of $373,000, to purchase, when available, the five (5) recommended replacement vehicles from National Auto Fleet Group of Watsonville, and appropriating $73,000 to the Garage Equipment Replacement Fund. Following their purchase, five (5) vehicles are to be taken out of service, declared surplus and disposed of in accordance with the provisions of the City’s Municipal Code Section 2.32.130.

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

Goal D, Strategy 2: Environmental Sustainability and Infrastructure – Implement the City’s Capital Improvement Plan.

BACKGROUND
As part of the City’s ongoing vehicle replacement program, staff has determined that the five (5) vehicles listed in the table below are no longer feasible and practical for municipal use.

NO. UNIT YEAR MAKE MODEL MILEAGE AGE VIN
1 107 2015 FORD UTILITY

INTERCEPTOR
108,257 8 1FM5K8ATXFGA57227
2 109 2014 FORD UTILITY 103,961 9 1FM5K8AR1EGB27510
City Council/RSA Agenda 77 Tuesday, October 10, 2023

INTERCEPTOR
3 110 2015 FORD UTILITY

INTERCEPTOR
113,996 8 1GNEC13V55J219717
4 114 2015 FORD UTILITY

INTERCEPTOR
104,333 8 1FM5K8AT9FGB51941
5 550 2012 FORD F350 101,728 11 3FELF47G4UMA65483
The third vehicle listed was involved in an accident, and staff foresees that the vehicle will be deemed a total loss based on preliminary body shop quotes.

Given the age and mileage of the vehicles listed for replacement, their continued utilization in the City’s fleet is not recommended as it would lead to higher maintenance costs and unreliability. It also starts to become challenging to find replacement parts and pass SMOG inspections with the potential for significant repairs when servicing vehicles this old.

DISCUSSION
The following five (5) vehicles are recommended to be replaced:
1) Unit 107, a 2015 For Utility Interceptor, used by Police Department staff, is being recommended for replacement with a new 2024 Ford Utility Interceptor.
2) Unit 109, a 2014 Ford Utility Interceptor, used by Police Department staff, is being recommended for replacement with a new 2024 Ford Utility Interceptor.
3) Unit 110, a 2015 Ford Utility Interceptor, used by Police Department staff, is being recommended for replacement with a new 2024 Ford Utility Interceptor.
4) Unit 114, a 2015 Ford Utility Interceptor, used by Police Department staff, is being recommended for replacement with a new 2024 Ford Utility Interceptor.
5) Unit 550, a 2012 Ford F350 Truck, used by Grounds Division staff, is being recommended for replacement with a new 2024 Ford F350 Truck.

The Public Works Fleet Division will seek proposals from National Auto Fleet Group of Watsonville when the purchasing windows open. City staff is requesting for a purchase order in the amount of $373,000 to purchase the five (5) vehicles when available. Vehicle purchases are available under a Sourcewell cooperative agreement (formerly known as the National Joint Powers Alliance), government purchasing contract #120716-NAF.

Sourcewell ensures competitive pricing through a national request for proposals process that leverages the purchasing power of member agencies while streamlining purchasing procedures. This enables the City to legally purchase discounted vehicles through Sourcewell-awarded contracts.

FISCAL IMPACT
Funding, in the amount of $300,000, was approved in the FY 2023-2024 Garage Equipment Replacement Fund budget in Account No. 6122-3151-35004-57130 (Garage Equipment Replacement Fund – Garage – Garage Equipment Acquisition – Other Equipment). If the City Council approves the staff recommendation, an additional $73,000 will need to be appropriated from the fund balance of the Garage Equipment Replacement Fund to Account No. 6122-3151-35004-57130. There are sufficient funds in the fund balance of City Council/RSA Agenda 78 Tuesday, October 10, 2023
the Garage Equipment Replacement Fund for this supplementalappropriation.

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the City Manager to approve a purchase order, in the amount of $373,000, to purchase, when available, the five (5) recommended replacement vehicles from National Auto Fleet Group of Watsonville, and appropriating $73,000 to the Garage Equipment Replacement Fund.

Prepared by:

Bob Calderon, Public Works Superintendent
Submitted by:

Marilou Ayupan, Public Works Director
ATTACHMENTS:

Description Type
Resolution Resolution
City Council/RSA Agenda 79 Tuesday, October 10, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE CITY MANAGER TO APPROVE A PURCHASE ORDER, IN THE AMOUNT OF $373,000, TO PURCHASE, WHEN AVAILABLE, FIVE (5) REPLACEMENT VEHICLES FROM

NATIONAL AUTO FLEET GROUP OF WATSONVILLE, AND APPROPRIATING $73,000 TO THE GARAGE EQUIPMENT REPLACEMENT FUND
WHEREAS, five (5) City vehicles consisting of four (4) in the Police Department and one (1) in the Public Works Department are due for replacement due to their age and mileage; and WHEREAS, the five (5) vehicles recommended for purchase, when available, will be under a Sourcewell cooperative agreement government purchasing contract through National Auto Fleet Group of Watsonville, California; and
WHEREAS, the purchase order being recommended for the vehicle replacements totals $373,000; and
WHEREAS, the FY 2023-2024 Garage Equipment Replacement Fund budget only includes $300,000 for vehicle replacements, therefore, staff is requesting that the City Council appropriate an additional $73,000 to the Garage Equipment Replacement Fund budget; and WHEREAS, the five (5) vehicles to be replaced have been presented to the City Council and will be declared surplus upon purchasing the replacement vehicles, with those surplus vehicles being disposed of in accordance with the provisions of the City’s Municipal Code Section 2.32.130; and
WHEREAS, proceeds from the disposal of the surplus vehicles, if any, will be credited to the Garage Equipment Replacement Fund (Fund 6122).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City herby authorizes the City Manager to approve a purchase order, in the amount of $373,000, to purchase, when available, the five (5) recommended replacement vehicles from National Auto Fleet Group of Watsonville; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby appropriates $73,000 to Account No. 6122-3151-35004-57130 (Garage Equipment Replacement Fund – Garage – Garage Equipment Acquisition – Other Equipment) in the Garage Equipment Replacement Fund; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby declares that the five (5) vehicles being replaced be taken out of service, declared surplus and disposed of in accordance with the provisions of the City’s Municipal Code Section 2.32.130, and that the proceeds from their disposal, if any, will be credited to the Garage Equipment Replacement Fund (Fund 6122).

City Council/RSA Agenda 80 Tuesday, October 10, 2023
Resolution No. XXXX-23

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 81 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: POLICE CHIEF JARED RINETTI
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF OFFICE

OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM GRANT FUNDS, IN THE AMOUNT OF $120,000, FOR FISCAL YEAR 2023-2024, AND AMENDING THE FISCAL YEAR 2023-2024 OTS

FUND BUDGET
The Union City Police Department (UCPD) applied for Selective Traffic Enforcement Program (STEP) grant funding from the Office of Traffic Safety (OTS). The Union City Police Department was awarded $120,000 in grant funding to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education as outlined in the grant application process.

STRATEGIC PLAN ALIGNMENT
Citywide Strategic Plan- C: Economic, Community Development and Public Safety.

Goal C. Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.

C.10: Align public safety services with the community needs based on a data driven decision-making approach.

BACKGROUND
In 2017, the National Safety Council reported more than 40,000 people died in motor vehicle collisions. The three most significant causes of fatalities on the road are alcohol, speeding, and distracted driving. Like most cities, Union City has overwhelming traffic issues. The volume of commuter traffic, combined with the traffic produced by our population, presents many challenges to public safety.

From 2017-2019, the Union City Police Department received more than 600 traffic collision calls for service City Council/RSA Agenda 82 Tuesday, October 10, 2023
each year. There were three fatalities in 2017, five in 2018, and four in 2019. Pedestrians and bicyclists have played a significant role in these collisions. Impaired driving remains a primary concern for our community.

There were 82 DUI arrests in 2017, 105 DUI arrests in 2018, and 101 DUI arrests in 2019.

During the 2020 COVID-19 pandemic, the Union City Police Department received 386 traffic collision calls for service, investigated one fatality, and had 48 DUI arrests. As COVID-19 restrictions lessened in 2021, the Union City Police Department received 454 traffic collision calls for service, investigated two fatalities, and had 50 DUI arrests. In 2022, the Union City Police Department received 449 collision calls for service and had 36 DUI arrests.

DISCUSSION
The Selective Traffic Enforcement Program (STEP) grant will provide the necessary funding to allow UCPD to conduct additional enforcement and education that would not typically occur due to budgetary constraints.

The additional revenue will be used in a variety of ways including facilitating DUI checkpoints and providing directed traffic enforcement in specific areas of the city where violations occur more frequently. The monies will also be used to address people who drive while using their cell phone and to connect with bicyclists who violate traffic laws. There will be educational opportunities for the youth and additional training for department employees.

Overall, the citizens of Union City will benefit from the acceptance of the Selective Traffic Enforcement Program grant funding.

FISCAL IMPACT
The STEP grant funding of $120,000 from the Office of Traffic Safety will provide funding to allow the enforcement and education identified above. In anticipation of receiving the 2023-2024 OTS STEP Grant, $80,000 was included as estimated revenue, and a corresponding $80,000 was appropriated, in the FY 2023- 2024 OTS STEP Grant Fund budget. Therefore, the budget amendments included in the attached resolution are increasing the revenue and expenditure budgets by $40,000 each.

RECOMMENDATION
It is recommended that the City Counciladopt a resolution:

1. Authorizing the acceptance of Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant funds, in the amount of $120,000; and

2. Amending the FY 2023-2024 OTS Fund revenue budget by increasing the revenue projection in Account No. 2140-21424-44013 (OTS Fund – PD OTS STEP PT24209 – OTS Grant) by $40,000, from $80,000 to $120,000; and

3. Amending the FY 2023-2024 OTS Fund expenditure budget by appropriating:
$8,908 to Account No. 2140-2106-21424-51115 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Overtime Pay),
$3,224 to Account No. 2140-2106-21424-53701 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Other Supplies),
$1,149 to Account No. 2140-2106-21424-54111 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Contractual Services),
$1,344 to Account No. 2140-2106-21424-54312 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Travel/Training), and
$25,375 to Account No. 2140-2106-21424-57130 (OTS Fund – Police Traffic – PD OTS STEP City Council/RSA Agenda 83 Tuesday, October 10, 2023
PT24209 – Other Equipment), for a total increase of $40,000 to the FY 2023-2024 OTS Fund budget; and

4. Authorizing the City Manager, or her designee, to execute any and all documents necessary to accept the grant, in a form approved by the City Attorney, and take any other such action as is necessary to carry out the purpose and intent of this Resolution.

Prepared by:

Lieutenant Paul Kanazeh
Submitted by:

Captain Victor Derting
ATTACHMENTS:

Description Type
Resolution-OTS STEP 2023-2024 Resolution
City Council/RSA Agenda 84 Tuesday, October 10, 2023
RESOLUTION NO. XXXX-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY

AUTHORIZING THE ACCEPTANCE OF OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT FUNDS, IN THE AMOUNT OF $120,000, FOR FISCAL YEAR 2023-2024, AND AMENDING THE FISCAL YEAR 2023-2024 OTS

FUND BUDGET
WHEREAS, the Union City Police Department applied for a Selective Traffic Enforcement Program (STEP) grant from the Office of Traffic Safety (OTS) to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education; and
WHEREAS, the Union City Police Department was awarded $120,000 in grant funding (Grant Number PT24209, attached as Exhibit A) to support impaired driving enforcement, traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education; and
WHEREAS, the grant funds will be used in Fiscal Year 2023-2024 in accordance with the requirements outlined in the grant; and
WHEREAS, the City Council desires for the City to accept the grant.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager, or her designee, to accept the Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant funds in the amount of $120,000; and BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 OTS Fund revenue budget by increasing the revenue projection in Account No. 2140-21424-44013 (OTS Fund – PD OTS STEP PT24209 - OTS Grant) by $120,000; and
BE IF FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 OTS Fund expenditure budget by appropriating:
a. $8,908 to Account No. 2140-2106-21424-51115 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Overtime Pay), and
b. $3,224 to Account No. 2140-2106-21424-53701 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Other Supplies), and
c. $1,149 to Account No. 2140-2106-21424-54111 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Contractual Services), and
d. $1,344 to Account No. 2140-2106-21424-54312 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Travel/Training), and
e. $25,375 to Account No. 2140-2106-21424-57130 (OTS Fund – Police Traffic – PD OTS STEP PT24209 – Other Equipment), for a total increase of $40,000 to the FY 2023-2024 OTS Fund budget to be used to support impaired driving enforcement, City Council/RSA Agenda 85 Tuesday, October 10, 2023
Resolution No. XXXX-23

traffic enforcement, distracted driving enforcement, pedestrian and bicycle enforcement, and traffic safety education as outlined in the attached grant application (Grant# PT24209); and
BE IT FURTHER RESOLVED that the City Manager, or her designee, is authorized to execute any and all documents necessary to accept the grant, in a form approved by the City Attorney, and take any other such other action as is necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on the 10th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_________________________

CAROL DUTRA-VERNACI
Mayor
ATTESTED: APPROVED AS TO FORM:
_________________________ ___________________________
ANNA M. BROWN KRISTOPHER J. KOKOTAYLO
City Clerk City Attorney
City Council/RSA Agenda 86 Tuesday, October 10, 2023
Agenda Item
DATE: 10/10/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: INTRODUCTION OF ORDINANCE APPROVING ZONING TEXT AMENDMENT, AT-23-005, AMENDING CHAPTER 18.08, “DEFINITIONS”, CHAPTER 18.26, “MARKETPLACE MIXED USE (MMU) DISTRICT”,
CHAPTER 18.35, “CORRIDOR MIXED USE COMMERCIAL (CMU)
DISTRICT”, CHAPTER 18.36 “COMMERCIAL DISTRICTS” AND
CHAPTER 18.40 “INDUSTRIAL DISTRICTS,” OF THE UNION CITY

MUNICIPAL CODE TO REPEAL THE PROHIBITION ON THE SALE OF

BEER AND WINE AT SELF SERVICE STATIONS EXEMPT FROM

ENVIRONMENTAL REVIEW PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)
Staff recommends that the City Council waive full reading and by title only introduce an Ordinance (Attachment 1) approving Zoning Text Amendment, AT-23-0005. The proposed amendment will modify Chapter 18.08, “Definitions”, Chapter 18.26, “Marketplace Mixed Use (MMU) District”, Chapter 18.35, “Corridor Mixed Use Commercial (CMU) District”, Chapter 18.36, “Commercial District”, and Chapter

18.40, “Industrial Districts”, of the Municipal Code to allow the sale of beer and wine at gas stations, subject to allexisting regulatory and licensure requirements.

The Planning Commission recommended approval of this Zoning Text Amendment to the City Council at its September 21, 2023 meeting pursuant to a 4-0 vote. Attached to this staff report are the draft Planning Commission Meeting Minutes and Planning Commission Staff Report (Attachment 2), Draft Planning Commission Meeting Minutes (Attachment 3), and Draft Planning Commission Resolution (Attachment 4).

STRATEGIC PLAN ALIGNMENT
The proposed ordinance is consistent with Strategic Plan Goal C: “Economic, Community Development and Public Safety - Institute forward-thinking business, land use development, housing, social services, and public safety strategies that promote community growth and innovation.” City Council/RSA Agenda 87 Tuesday, October 10, 2023

BACKGROUND
The Union City Zoning Ordinance currently prohibits the sale of alcohol at service stations (also known as “gas stations”). The City adopted this prohibition when it was permitted under California law. Currently, cities are prohibited by state law from specifically banning the sale of beer and wine at gas stations.

At the July 25, 2023 meeting, the City Council directed the City Attorney to prepare an ordinance repealing the prohibition on the sale of beer and wine at gas stations. Because the prohibition is contained within the Zoning Code, staff first brought the ordinance repealing the prohibition on the sale of beer and wine to the Planning Commission to consider and provide a recommendation to the City Council. As indicated above above, the Planning Commission recommended approval of this Zoning Text Amendment to the City Council.

DISCUSSION
The Municipal Code prohibits the sale of alcoholat gas stations. The proposed amendments would repeal this prohibition, and allow for the sale of beer and wine specifically, in gas stations. This would align the City’s Municipal Code with California law, which, under Business and Professions Code Section 23790.5(d), preempts the City’s ability to prohibit the sale of beer and wine at gas stations. However, the City can still prohibit the sale of other alcohol products.

Business and Professions Code Section 23790.5(d) contains the following additional restrictions. Gas stations that sell beer and wine must not: 1) display beer or wine within five feet of a cash register or the front door of a permanently affixed cooler; 2) advertise alcoholic beverages at motor fuel islands; 3) display or sell beer or wine from an ice tub; 4) advertise beer or wine on motor fuel islands; 5) advertise beer or wine on buildings or windows with self-illuminating advertisements; or 6) allow an employee under 21 to sell beer or wine from 10 p.m. to 2 a.m.

As an additional measure, any business wishing to sell beer and wine would be required to obtain the necessary permits and authorizations from the Department of Alcoholic Beverage Control (ABC). One such approval is the process of public convenience and necessity, which is a determination by ABC when there is an oversaturation of alcohol beverage outlets in a particular census tract. State law prohibits ABC from issuing or transferring alcohol licenses in areas that are determined to be oversaturated unless the City finds that the public interest is served and issues a Public Convenience and Necessity (PCN) determination. The Community Development Director has been delegated the authority by the City Council for making the PCN determination.

With approval of these amendments, beer and wine sales would be permitted at gas stations in the MMU, CMU, Commercial, and Industrial Districts, pursuant to the City’s regulations and California law.

Planning Commission Meeting
On September 21, 2023, the Planning Commission considered feedback from staff and members of the public.

For a detailed overview of the Planning Commission discussion, see the draft minutes (Attachment 3). After consideration of the proposed text amendment and testimony from staff and the public, the Planning Commission voted 4-0 to recommend the City Council adopt an ordinance approving the proposed text amendment.

Environmental Assessment
The amendments are exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the generalexemption for projects with no potential for a significant effect on the environment. As a series of text amendments and additions, it can be seen with City Council/RSA Agenda 88 Tuesday, October 10, 2023
certainty that there is no possibility that the Amendments will have a significant effect on the environment.

FISCAL IMPACT
There are no direct fiscal impacts as a result of the City adopting the proposed amendment to the Zoning Code.

RECOMMENDATION
Consistent with the Planning Commission recommendation, staff recommends that the City Council waive full reading and introduce the proposed Ordinance (Attachment 1). Should the City Council approve the first reading and introduction, staff would return on October 24, 2023 for a second reading and adoption of the ordinance as wellas a public hearing as required by state law.

Prepared by:

Juliet Vaughn, Associate Attorney
Natalie Dean, Associate Planner
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Attachment 1 Ordinance Attachment
Exhibit A Ordinance Exhibit
Exhibit BOrdinance Exhibit
Attachment 2 PCStaff Report Attachment
Attachment 3 PCDraft Minutes Attachment
Attachment 4 PCResolution Attachment
Presentation Attachment
City Council/RSA Agenda 89 Tuesday, October 10, 2023
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF UNION CITY AMENDING CHAPTER 18.08, “DEFINITIONS”, CHAPTER 18.26, “MARKETPLACE MIXED USE (MMU) DISTRICT”, CHAPTER 18.35, “CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT”, CHAPTER 18.36, “COMMERCIAL DISTRICTS”, AND CHAPTER 18.40, “INDUSTRIAL DISTRICTS”, OF THE UNION CITY MUNICIPAL CODE TO REPEAL

THE PROHIBITION ON THE SALE OF BEER AND WINE AT SELF SERVICE

STATIONS
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 Council previously adopted an ordinance prohibiting the sale of alcohol at self-service stations (hereinafter referred to as “gas stations”); and WHEREAS, pursuant to Business and Professions Code Section 23790.5, the City of Union City is preempted in its ability to prohibit the sale of beer and wine at gas stations; and WHEREAS, the City Council directed the City Attorney prepare an ordinance repealing the prohibition on the sale of beer and wine at gas stations; and WHEREAS, the City Council finds it desirable to ensure that its municipal code is in alignment with state law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed Municipal Code Amendments on September 21, 2023 at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated September 21, 2023 and all written and oral testimony; and
WHEREAS, the Planning Commission by a 4-0 vote recommended to the City Council adoption of the proposed amendments to the Zoning Code; and WHEREAS, the City Council held a duly noticed public hearing on the proposed Municipal Code Amendments on October 24, 2023 at which time all interested parties had the opportunity to be heard. The City Council considered the Planning Commission recommendation and all written and oral testimony; and
WHEREAS, the City Council desires to amending the Zoning Code to permit sale of beer and wine at gas stations within Union City.

THE CITY OF UNION CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals.

City Council/RSA Agenda 90 Tuesday, October 10, 2023
The above recitals are true and correct and made a part of this Ordinance.

SECTION 2. Municipal Code Amendments
The City Council approves the amendments to the Municipal Code as reflected in Exhibit A (clean) and Exhibit B (redline) to this ordinance.

SECTION 3. Findings.

The City Council finds that the proposed Municipal Code Amendments are necessary and desirable to achieve the purposes of Title 18 because the proposed amendments ensure that the City’s Zoning Code is consistent with state law requirements and will eliminate any inconsistencies that may result in confusion and impact the stability of business operators within the City.

SECTION 4. CEQA. Approval of the amendments is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a 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 ordinance will have a significant effect on the environment.

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

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

City Council/RSA Agenda 91 Tuesday, October 10, 2023
Exhibit A (Clean)
(AT-23-005)
Chapter 18.08 DEFINITIONS

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, 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.”
Chapter 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT

18.26.030 Conditional uses
A. Approval by the Zoning Administrator (Refer to Chapter 18.54 for a detailed description of the administrative use permit process). Commercial indoor uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development.

1. Child day care facilities.

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) of more through the Uniform Building Code.

3. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B).

4. Outdoor activities located in private and public plazas.

5. Outdoor displays in conjunction with an existing adjacent business.

6. Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the City Council/RSA Agenda 92 Tuesday, October 10, 2023
AT-23-005
Exhibit A

public health, safety, and welfare; and there is no walking of animals outside of the property.

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

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

1. The following uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development:
a. Bars, comedy clubs, nightclubs, and lounges;
b. Check cashing;
c. Commercial recreation facilities;
d. Convenience markets;
e. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;
f. Liquor stores;
g. Massage.

2. Discount clubs.

3. Drive-in/drive-through uses.

4. Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted)

5. Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce.

6. Hotels.

7. Service stations and gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement with all operations, except for the sale of gasoline and the washing of automobiles, conducted in a building enclosed on at least three (3) City Council/RSA Agenda 93 Tuesday, October 10, 2023
AT-23-005
Exhibit A

sides, pump islands located no closer than twenty (20) feet to any property line, and alcoholic beverages not sold on site, with the exception of beer and wine.

8. Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores.

9. 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.” Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU)

DISTRICT

18.35.030 Conditional uses.

The following conditional uses shall be permitted in the CMU Zoning District upon the granting of a use permit:

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

1. Child day care facilities;

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) or more through the Uniform Building Code;

3. Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted);

4. Outdoor displays, such as flowers or newspapers, in conjunction with an existing adjacent business;

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and trimming, provided that all operations are conducted within a completely enclosed building;

7. All other uses determined by the Zoning Administrator 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.

City Council/RSA Agenda 94 Tuesday, October 10, 2023
AT-23-005
Exhibit A

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Commercial recreation facilities;

3. Convenience markets;

4. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;

5. Fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out;

6. Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading);

7. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

8. Lodging, hotels and motels;

9. Massage;

10. Retail tobacco store, only where located more than one thousand (1,000) feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”;

11. Service stations with the following operational characteristics:
a. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least three (3) sides, pump islands located no closer than twenty (20) feet to any property line, and alcoholic beverages not sold on site, with the exception of beer and wine;
b. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement;

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

City Council/RSA Agenda 95 Tuesday, October 10, 2023
AT-23-005
Exhibit A

C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Mixed use residential developments.”
Chapter 18.36 COMMERCIAL DISTRICTS
,
A. Approval by Zoning Administrator (refer to Chapter 18.54 for a detailed description of the administrative use permit process).

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

X X X X
City Council/RSA Agenda 96 Tuesday, October 10, 2023
AT-23-005
Exhibit A

making this determination, the findings required under
Section 18.52.060 shall be addressed

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

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X City Council/RSA Agenda 97 Tuesday, October 10, 2023
AT-23-005
Exhibit A

CONDITIONAL USES CPA CN CC CVR
Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

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

X X

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

3. The rental of trailers as an incidental part of the service station operation X
City Council/RSA Agenda 98 Tuesday, October 10, 2023
AT-23-005
Exhibit A

CONDITIONAL USES CPA CN CC CVR

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

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X X
Chapter 18.40 INDUSTRIAL DISTRICTS

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.

City Council/RSA Agenda 99 Tuesday, October 10, 2023
AT-23-005
Exhibit A

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
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, with the
exception of beer and wine

4. No service station
marketeer
City Council/RSA Agenda 100 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes

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 (nonamplified) - - 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 -
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 City Council/RSA Agenda 101 Tuesday, October 10, 2023
AT-23-005
Exhibit A

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
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
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 -
City Council/RSA Agenda 102 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
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
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
City Council/RSA Agenda 103 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
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
Manufacturing and
assembly of leather
products and associated
dyeing
P UP - Excluding tanning and
curing
Lumber and wood products
City Council/RSA Agenda 104 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
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 105 Tuesday, October 10, 2023
AT-23-005
Exhibit A

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 106 Tuesday, October 10, 2023
AT-23-005
Exhibit A

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
City Council/RSA Agenda 107 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Medical offices - - UP
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 - -
City Council/RSA Agenda 108 Tuesday, October 10, 2023
AT-23-005
Exhibit A

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use regulations/
notes
Public utilities, power
stations, electric
substations, service
groups, and storage tanks
P P P Provided they are fenced
and landscaped
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 City Council/RSA Agenda 109 Tuesday, October 10, 2023 Exhibit B (AT-23-005 REDLINES)
Chapter 18.08 DEFINITIONS

18.08.267 Gas station marketer.

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.”
Chapter 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT

18.26.030 Conditional uses
A. Approval by the Zoning Administrator (Refer to Chapter 18.54 for a detailed description of the administrative use permit process). Commercial indoor uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development.

1. Child day care facilities.

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) of more through the Uniform Building Code.

3. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B).

4. Outdoor activities located in private and public plazas.

5. Outdoor displays in conjunction with an existing adjacent business.

6. Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and City Council/RSA Agenda 110 Tuesday, October 10, 2023
AT-23-005
Exhibit B

soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property.

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

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

1. The following uses may be located in a stand-alone/in-line commercial building or incorporated into the ground floor of a residential or office mixed use development:
a. Bars, comedy clubs, nightclubs, and lounges;
b. Check cashing;
c. Commercial recreation facilities;
d. Convenience markets;
e. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;
f. Liquor stores;
g. Massage.

2. Discount clubs.

3. Drive-in/drive-through uses.

4. Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted)

5. Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce.

6. Hotels.

7. Service stations and gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement with all operations, except for the sale of gasoline and the washing of automobiles, conducted in a building enclosed on at least three (3) City Council/RSA Agenda 111 Tuesday, October 10, 2023
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Exhibit B

sides, pump islands located no closer than twenty (20) feet to any property line, and alcoholic beverages not sold on site., with the exception of beer and wine.

8. Superstores subject to the criteria outlined in the Policy Statement for Use Permit Review of Superstores.

9. 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.” Chapter 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU)

DISTRICT

18.35.030 Conditional uses.

The following conditional uses shall be permitted in the CMU Zoning District upon the granting of a use permit:

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

1. Child day care facilities;

2. Educational and instructional uses (business, beauty, computer, dance, martial arts) with an occupant load of fifty (50) or more through the Uniform Building Code;

3. Exterior sidewalk ATMs (automated teller machines), when there is adequate security and lighting and adequate queuing area that does not impede pedestrian or vehicular traffic flow (drive-thru ATMs are not permitted);

4. Outdoor displays, such as flowers or newspapers, in conjunction with an existing adjacent business;

5. Sidewalk cafés per Section 18.36.190;

6. Veterinary offices and small animal hospitals including short-term overnight boarding of animals for medical purposes and incidental care such as bathing and trimming, provided that all operations are conducted within a completely enclosed building;

7. All other uses determined by the Zoning Administrator 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.

City Council/RSA Agenda 112 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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

1. Bars, comedy clubs, nightclubs, and lounges;

2. Commercial recreation facilities;

3. Convenience markets;

4. Entertainment and recreation uses with an occupant load of fifty (50) or more through the Uniform Building Code;

5. Fast food/quick service restaurant, full service/sit down restaurant, and retail and carry out;

6. Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading);

7. Live music (amplified) at full service/sit down restaurants subject to the standards of Section 18.36.195(B);

8. Lodging, hotels and motels;

9. Massage;

10. Retail tobacco store, only where located more than one thousand (1,000) feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”;

11. Service stations with the following operational characteristics:
a. All operations, except for the sale of gasoline and the washing of automobiles, are conducted in a building enclosed on at least three (3) sides, pump islands located no closer than twenty (20) feet to any property line, and alcoholic beverages not sold on site., with the exception of beer and wine;
b. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement;

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

City Council/RSA Agenda 113 Tuesday, October 10, 2023
AT-23-005
Exhibit B

C. Approval by City Council (refer to Chapter 18.56 for a detailed description of the use permit process).

1. Mixed use residential developments.”
Chapter 18.36 COMMERCIAL DISTRICTS

18.36.030 Conditional uses.

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

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

X X X X
City Council/RSA Agenda 114 Tuesday, October 10, 2023
AT-23-005
Exhibit B

making this determination, the findings required under
Section 18.52.060 shall be addressed

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

CONDITIONAL USES CPA CN CC CVR
Adult business, only where located at least 1,000 feet away from a school, day care, or faith based facility X
Arcades, computer gaming, pool rooms/halls X
Automotive sales—Used vehicles, permitted only in conjunction with new car sales X
Automobile washing, including the use of mechanical conveyors, blowers and steam cleaners X
Bars, comedy clubs, nightclubs, and lounges X X X
Body art X X
Check cashing X
Church uses with existing buildings built for and previously occupied by a church X
Convenience markets X X
Cybercafé X X
Discount clubs X
Drive-in/drive-through uses X X
Entertainment and recreation uses with an occupant load of 50 or more through the Uniform Building Code X X
Farmers markets, when coordinated in conjunction with the City or the Chamber of Commerce X
Food, fast food/quick service restaurant, stand alone X X City Council/RSA Agenda 115 Tuesday, October 10, 2023
AT-23-005
Exhibit B

CONDITIONAL USES CPA CN CC CVR
Guns and/or ammunition sales X
Health services (including, but not limited to: laboratories, drug treatment clinics, palm reading) X X
Hospitals, sanitariums and nursing homes X X
Liquor stores X X
Lodging (hotel and motel) X
Lumber or other building materials with outdoor storage or display X Massage X X X
Mortuaries, crematoriums and funeral homes X
Nurseries and garden stores with outdoor storage X
Public utility and public service pumping stations, power stations, electrical substations, service groups and storage tanks X X Retail tobacco store, only where located more than 1,000 feet from another such use and a “sensitive use.” Distance shall be measured from the closest exterior wall of the structure or portion of the structure in which the use is located to the property line of the “sensitive use”
X
Service stations with the following operational characteristics:

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

X X

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

3. The rental of trailers as an incidental part of the service station operation X
City Council/RSA Agenda 116 Tuesday, October 10, 2023
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Exhibit B

CONDITIONAL USES CPA CN CC CVR

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

5. Gas station marketeers subject to the provisions of the Gas Station Marketeer Policy Statement X X
Superstores X
Veterinarian offices and small animal hospitals including short-term overnight boarding of animals for medical purposes, provided that that all operations are conducted within a completely enclosed building; there is sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare; and there is no walking of animals outside of the property

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

X X X X
Chapter 18.40 INDUSTRIAL DISTRICTS

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.

City Council/RSA Agenda 117 Tuesday, October 10, 2023
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Exhibit B

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 118 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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,
with the exception
of beer and wine

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 Drivethrough uses
City Council/RSA Agenda 119 Tuesday, October 10, 2023
AT-23-005
Exhibit B

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use
regulations/
notes
Live music (nonamplified) - - 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 -
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
City Council/RSA Agenda 120 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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
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 121 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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 -
City Council/RSA Agenda 122 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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 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
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 City Council/RSA Agenda 123 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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
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
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
City Council/RSA Agenda 124 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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 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 semiprecious stone
P P P
Textile mill products
City Council/RSA Agenda 125 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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 -
City Council/RSA Agenda 126 Tuesday, October 10, 2023
AT-23-005
Exhibit B

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 then
thousand (10,000)
square feet
- - P
Warehouse,
wholesale, and
distribution uses that
do not exceed twentyfive 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
City Council/RSA Agenda 127 Tuesday, October 10, 2023
AT-23-005
Exhibit B

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use
regulations/
notes
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
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
City Council/RSA Agenda 128 Tuesday, October 10, 2023
AT-23-005
Exhibit B

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use
regulations/
notes
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
Recycling facilities with
accessory outdoor
drop-off/sorting and
storage of equipment

UP UP -
Excluding any
operations which
entail the recycling
of hazardous
materials

MISCELLANEOUS USES
Civic facilities P P P
City Council/RSA Agenda 129 Tuesday, October 10, 2023
AT-23-005
Exhibit B

Table 18.40.020 Land use regulations—Industrial Districts Use General
Industrial
(MG)
Light
Industrial
(ML)
Special
Industrial
(MS)
Specific use
regulations/
notes
Industrial planned unit
development UP UP UP
Consistent with the
requirements of
Chapter 18.44
City Council/RSA Agenda 130 Tuesday, October 10, 2023
Agenda Item
DATE: SEPTEMBER 21, 2023
TO: PLANNING COMMISSION
FROM: KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY
SUBJECT: TEXT AMENDMENTS (AT-23-005) TO TITLE 18, ZONING, OF THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER 18.08
DEFINITIONS, SECTION 18.08.267 GAS STATION MARKETEER;
CHAPTER 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT,
SECTION 18.26.030 CONDITIONAL USES; CHAPTER 18.35

CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT,
SECTION 18.35.030 CONDITIONAL USES; CHAPTER 18.36
COMMERCIAL DISTRICTS, SECTION 18.36.030 CONDITIONAL

USES FOR NEIGHBORHOOD COMMERCIAL (CN) AND
COMMUNITY COMMERCIAL (CC) DISTRICTS; CHAPTER 18.40
INDUSTRIAL DISTRICTS, SECTION 18.40.020 LAND USE
REGULATIONS—INDUSTRIAL DISTRICTS, FOR LIGHT

INDUSTRIAL (ML) TO ALLOW THE SALE OF BEER AND WINE AT

GAS STATIONS
APPLICANT: THE CITY OF UNION CITY
REQUEST: The City of Union City is proposing amendments to Title 18, Zoning, of the Union City Municipal Ordinance, to allow the sale of beer and wine at gas stations, subject to all existing regulatory and licensure requirements.

LOCATION: Citywide
ENVIRONMENTAL ASSESSMENT:

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

City Council/RSA Agenda 131 Tuesday, October 10, 2023
Planning Commission Staff Report, September 21, 2023
AT-23-005, Page 2
I. BACKGROUND
The Union City Zoning Ordinance currently prohibits alcohol sales at service stations (aka gas stations). The City adopted the prohibition when such a prohibition was legal under California law. Currently, cities are prohibited by state law from specifically banning the sale of beer and wine at gas stations.

At the July 25, 2023, meeting, the City Council directed the City Attorney to prepare an ordinance proposing the repeal of the prohibition on alcohol sales at gas stations. Because the prohibition is housed within the Zoning Ordinance, the Planning Commission must first consider the item and provide a recommendation to the City Council.

The proposed amendments will continue Union City’s practice of maintaining the City’s Zoning Ordinance in compliance with state requirements.

II. DISCUSSION
The Zoning Ordinance prohibits the sale of alcohol at gas stations. The proposed amendments would repeal this prohibition and allow for the sale of beer and wine at gas stations. The sale of liquor would still be prohibited. At the time the City originally adopted the prohibition, such a prohibition was legal under California law. However, Business and Professions Code Section 23790.5 currently prohibits a city from specifically banning the sale of beer and wine at gas stations.

Furthermore, under Section 23790.5(d) of the Business and Professions Code, gas stations that sell beer and wine must not display beer or wine within five feet of a cash register or the front door of a permanently affixed cooler, advertise alcoholic beverages at motor fuel islands, display or sell beer or wine from an ice tub, advertise beer or wine on motor fuel islands, advertise beer or wine on buildings or windows with self-illuminating advertisements, or allow an employee under 21 to sell beer or wine from 10 p.m. to 2 a.m.

These provisions are enforced by the California Department of Alcoholic Beverage Control (ABC) through their permitting program.

With approval of these amendments, beer and wine sales would be permitted at gas stations under the Zoning Ordinance. Gas stations are currently conditionally permitted in the Marketplace Mixed Use (MMU), Corridor Mixed Use (CMU), Light Industrial (ML), Neighborhood Commercial (CN), and Community Commercial (CC) Zoning Districts, pursuant to the City’s regulations and California law. Any new gas station will continue to require a use permit. Although the amendments would permit the sale of beer and wine at gas stations, any business wishing to sell beer and wine would be required to obtain the necessary permits and authorizations from ABC. One such City Council/RSA Agenda 132 Tuesday, October 10, 2023
Planning Commission Staff Report, September 21, 2023
AT-23-005, Page 3
approval is the process of public convenience and necessity. When ABC determines there is an oversaturation of alcohol beverage outlets in a particular census tract, state law prohibits ABC from issuing or transferring alcohol licenses in that census tract unless the City finds that the public interest is served and issues a Public Convenience and Necessity (PCN) determination. In 2022, the City amended the Zoning Ordinance to add a process and findings for making this determination. Through this process, the Economic and Community Development Director has been delegated the authority by the City Council for making the PCN determination. For more information regarding the PCN determination, see Section 18.52.084, Public convenience or necessity determination and appeals, of the Zoning Ordinance.

Proposed Amendments
Chapter 18.08 Definitions
An amendment to Chapter 18.08, Definitions, is proposed and includes amending Section

18.08.267 Gas station marketeer, for consistency with the proposed amendment. Deleted text is shown with a strikethrough.

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.

Other Zoning Districts – Use Classification Update
Service stations and gas station marketeers are only permitted in a limited number of zoning districts in the City and require use permit approval by the Planning Commission pursuant to Chapter 18.56. Amendments to individual zoning district chapters are proposed to the “service station” use classification to specify that service stations can sell beer and wine. Amendments will be made to all chapters where gas stations are a conditionally permitted use. The district chapters proposed for amendments include:

City Council/RSA Agenda 133 Tuesday, October 10, 2023
Planning Commission Staff Report, September 21, 2023
AT-23-005, Page 4
• Chapter 18.26 Marketplace Mixed Use (MMU) District, Section 18.26.030, Conditional uses
• Chapter 18.35 Corridor Mixed Use Commercial (CMU) District, Section 18.35.030, Conditional uses
• Chapter 18.36 Commercial Districts, Section 18.36.030, Conditional uses for Neighborhood Commercial (CN) and Community Commercial (CC) • Chapter 18.40 Industrial Districts, Section 18.40.020, Land use regulations— Industrial Districts, for Light Industrial (ML)
D. Noticing & Communication
A newspaper notice for the Zoning Text Amendment was published in the Tri-City Voice on August 31, 2023, as required by State Law. To date, staff have not received any public comments.

III. REQUIRED FINDINGS
Section 18.64.060 requires that, when considering zoning text amendments, the Planning Commission shall provide a recommendation to the City Council on the following:

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

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

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

IV. ALTERNATIVES

1. Recommend approval of the proposed Zoning Text Amendment (AT-23-005) to the City Council as proposed;

2. Recommend approval of the proposed Zoning Text Amendment (AT-23-005) to the City Council with stated modifications;

3. Recommend denial of the proposed Zoning Text Amendment (AT-23-005) to the City Council, stating reasons for denial; and

4. Continue the matter for further consideration.

V. RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-005) to the City Council based on the following specific findings:

City Council/RSA Agenda 134 Tuesday, October 10, 2023
Planning Commission Staff Report, September 21, 2023
AT-23-005, Page 5

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

2. That the proposed Zoning Text Amendments should be granted to ensure that the City’s Zoning Ordinance requirements are consistent with State law; and

3. That the proposed Zoning Text Amendments are consistent with the following General Plan policy:

Policy ED-7.3, Remove Regulatory Barriers: The City shall continually work to identify and remove any unnecessary regulatory barriers that discourage private-sector investment.

The proposed amendments will remove language from the Zoning Ordinance that prohibits alcohol sales at gas stations, allowing operators an expanded choice of sales items and an expanded source of revenue; and

4. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people. Any business selling alcohol is required to obtain a permit from the California Department Alcohol Beverage Control and is required to comply with any applicable requirements and laws. In addition, the Public Convenience and Necessity process is in place to help protect against the impacts associated with overconcentration of commercial uses, which sell alcohol.

It is further recommended that the Planning Commission adopt the attached resolution confirming this action.

Prepared by
Juliet Vaughn, Associate Attorney
Natalie Dean, Associate Planner
Attachments
Attachment 1 – Planning Commission Resolution
• Exhibit A: Draft Zoning Text Amendment (Clean)
• Exhibit B: Draft Zoning Text Amendment (Redlines)

City Council/RSA Agenda 135 Tuesday, October 10, 2023
______________________________________________________________________

STAFF REPORT AMENDMENTS TO ALLOW THE SALE

OF BEER AND WINE AT GAS

STATIONS
AT-23-005
September 21, 2023
City Council/RSA Agenda 136 Tuesday, October 10, 2023
Planning Commission Minutes 1 September 21, 2023

CITY OF UNION CITY

MINUTES FOR THE REGULAR PLANNING COMMISSION MEETING
ON THURSDAY, SEPTEMBER 21, 2023 AT 7:00 P.M.

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

AND VIA TELECONFERENCE

1. CALL TO ORDER
A. PLEDGE OF ALLEGIANCE
B. SWEARING IN OF NEW COMMISSIONERS
Carmela Campbell, Economic & Community Development Director presented the Oath of Office and swore in new Planning Commissioners Ignacio Romera and Prairna Gupta Garg and welcomed them to the Planning Commission.

C. ROLL CALL:

PRESENT: Acting Chairperson Jo Ann Lew and Commissioners Ignacio Romero, Amandeep Sandhu and Alternate Commissioner
Prairna Gupta Garg
ABSENT: Chairperson Lee Guio, Vice Chairperson Seyi Mclleland and Alternate Commissioner Kevin Finnerty
STAFF: Natalie Dean (Associate Planner); Derek Farmer (Planning Manager); Carmela Campbell (Economic & Community
Development Director); Denisse Anzoategui Homen
(Administrative Assistant III) and Juliet Vaughn (City Attorney)

2. APPROVAL OF MINUTES

1. The regular Planning Commission minutes for July 20, 2023. The regular Planning Commission minutes for the August 3, 2023 will be provided in a following packet.

Acting Chair Jo Ann Lew referenced the July 20, 2023 Planning Commission minutes, specifically the second line of the last paragraph as shown on Page 3, and commented the statement in that sentence that had been attributed to her was inaccurate and should be corrected, with the audio for the meeting to be reviewed by staff.

Ms. Campbell advised that staff would clarify the statement or strike the comments referenced.

Acting Chair Lew advised that the minutes for the July 20, 2023 Planning Commission meeting had been approved as modified.

3. ORAL COMMUNICATIONS: None

4. WRITTEN COMMUNICATIONS: None

5. PUBLIC HEARINGS
A. CONTINUED HEARINGS: None
City Council/RSA Agenda 137 Tuesday, October 10, 2023
Planning Commission Minutes 2 September 21, 2023
B. NEW HEARINGS

2. THE CITY OF UNION CITY, 34009 ALVARADO-NILES ROAD,
TEXT AMENDMENTS (AT-23-005), TO TITLE 18, ZONING, OF

THE UNION CITY MUNICIPAL CODE TO UPDATE CHAPTER

18.08 DEFINITIONS, SECTION 18.08.267 GAS STATION
MARKETEER; CHAPTER 18.26 MARKETPLACE MIXED USE
(MMU) DISTRICT, SECTION 18.26.030 CONDITIONAL USES;
CHAPTER 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU)
DISTRICT, SECTION 18.35.030 CONDITIONAL USES;
CHAPTER 18.36 COMMERCIAL DISTRICTS, SECTION

18.36.030 CONDITIONAL USES FOR NEIGHBORHOOD

COMMERCIAL (CN) AND COMMUNITY COMMERCIAL (CC)
DISTRICTS; CHAPTER 18.40 INDUSTRIAL DISTRICTS,
SECTION 18.40.020 LAND USE REGULATIONS – INDUSTRIAL

DISTRICTS, FOR LIGHT INDUSTRIAL (ML) TO ALLOW THE
SALE OF BEER AND WINE AT GAS STATIONS. The City of
Union City is proposing amendments to Title 18, Zoning of the Union City Municipal Ordinance, to allow the sale of beer and wine at gas stations, subject to all existing regulatory and licensure requirements. Staff recommends that the project be exempted from the California Environmental Quality Act (CEQA) per Section 15061 9 (b)(3), the general exemption for projects with no potential for significant effect on the environment.

Associate Planner Natalie Dean provided a PowerPoint presentation for AT-23-005, Zoning Update Allowing Beer and Wine Sales at Gas Stations. She recommended the Planning Commission recommend approval of Zoning Text Amendment (AT-23-005) to the City Council, and make the specific findings as listed in the staff report in support of the recommendation of approval, and adopt a resolution confirming this action.

Commissioner Romero found this would be a great revenue stream for the community when considering different avenues of revenue to address the City’s deficit in addition to helping the community to be able to purchase what was desired at gas stations. He commented that District 2 included a local high school that had approximately 3,500 students who got out at the same time and some of the locations may be impacted by the new text amendments. From a public safety point of view, he asked whether the City had considered a way to ensure the safety of the public and also ensure students did not have access to alcohol.

Ms. Campbell reported the Police Department had reviewed the text amendments and were supportive of those amendments. The text amendments were being recommended to be consistent with state law. The sale of alcohol at gas stations would be no different than the protocol for retailers and the same measures would be employed to ensure no sale of alcohol to minors. Alcohol and Beverage Control (ABC) had also worked to ensure that the sale of alcohol to minors did not occur.

Acting Chair Lew suggested the public may be concerned with drinking and the sale of beer and wine on-site. She asked whether there was existing law that prohibited drinking on-site such as in the parking lot of a gas station.

Ms. Dean understood that drinking on-site was illegal.

Ms. Campbell added that an open container was against the law in vehicles and in-public.

Acting Chair Lew expressed concern about more opportunities for drunk drivers on the street and while the City was trying to conform to state law, the gas station proprietor may not be responsible City Council/RSA Agenda 138 Tuesday, October 10, 2023
Planning Commission Minutes 3 September 21, 2023
about people drinking at the place of business after the purchase of beer and wine, and someone needed to step up to ensure that drinking did not occur on the road.

Juliet Vaughn, City Attorney, clarified the definition of an Off-Sale Alcohol License was for a license where a person would come into the store and purchase the alcohol for off-site consumption.

Ms. Campbell understood the concern, which was probably why Union City had prohibited allowing beer and wine sales at gas stations for so long. She commented that additional facilities may sell alcohol but protocols were in place to minimize risks. The text amendments would also be on the Police Department’s radar that more facilities may sell beer and wine.

Acting Chair Lew again understood the City must conform to state law but she remained concerned with the potential consequences.

Commissioner Sandhu clarified with Ms. Campbell the text amendments would be allowed for any gas station in the City and state law had not provided any accommodations for any stations located adjacent to residential properties.

PUBLIC HEARING OPENED
There were no comments from the public.

PUBLIC HEARING CLOSED
Acting Chair Lew moved that the Planning Commission recommend approval of Zoning Text Amendment (AT-23-005) to the City Council, and make the specific findings as listed in the staff report in support of the recommendation of approval, and adopt a resolution confirming this action.

Commissioner Sandhu seconded.

The motion was carried by the following roll call vote:

AYES: (GARG, LEW, ROMERO, SANDHU)
NOES: NONE
ABSTAIN: NONE
ABSENT: (GUIO, FINNERTY, MCLLELAND)
The motion passed 4-0-3.

6. SUPPLEMENTAL STAFF REPORTS: None
A. CONTINUED REPORTS: None
B. NEW REPORTS: None

7. ECONOMIC DEVELOPMENT REPORTS: None

8. COMMISSION MATTERS
A. Follow-Up on Planning Commission Referrals to the City Council Ms. Campbell reported the City Council had reviewed the Zoning Text Amendments for the Objective Standards and had introduced the ordinance with no changes The second reading of the ordinance would be heard by the City Council in the next week.

City Council/RSA Agenda 139 Tuesday, October 10, 2023
Planning Commission Minutes 4 September 21, 2023
B. Upcoming Applications for the Regular Planning Commission Meeting on October 5, 2023
Ms. Cambell reported the meeting of October 5, 2023 had no items and would be canceled.

9. GOOD OF THE ORDER
Commissioner Romero thanked staff for the onboarding for new Planning Commissioners and looked froward to working with the Planning Commission. He thanked his parents and wife and offered comments in Spanish.

Acting Chair Lew reported for the benefit of new Planning Commissioners that the League of California Cities conducted a Planning Commissioners’ Academy each spring. The next academy had been scheduled for March 6 through March 8, 2024 at the Hilton Hotel in Long Beach. The City of Union City usually sent at least three Planning Commissioners.

Ms. Campbell advised that staff would advise the Planning Commission when registration for the academy opened, at which time interested Planning Commissioners may apply.

Acting Chair Lew also reported that Planning Commissioners had been redefined as selfemployed workers, which meant that Planning Commissioners received W-2 and 1099 NEC tax forms. She recommended that Planning Commissioners keep track of any expenses. More information was available on the Internal Revenue Service (IRS) and Franchise Tax Board (FTB) websites.

Ms. Campbell reported that Denisse Anzoategui Homen, Administrative Assistant III, would be departing the City. She recognized her as an integral part of the Economic & Community Development Department Team, having brought her exceptional skills, positivity, enthusiasm and dedication, ready to lend a helping hand, share her knowledge when needed and who had demonstrated professionalism and a high degree or organization in her support of the Planning Commission. Her departure would leave a void and would be hard to fill, but she wished her all success, happiness and fulfillment on her future endeavors.

Ms. Campbell added that the Alameda County Collaborative, a consultant firm hired by the Association of Bay Area Governments (ABAG) to assist decision makers and City staff in keeping up with all of the different housing legislation and ensuring all cities were talking, would be holding a training session on October 17, 2023 from 6:00 to 9:30 p.m. She encouraged Planning Commissioners to participate. Information on the session would be forwarded to all Planning Commissioners.

10. ADJOURNMENT: 7:37 P.M.

City Council/RSA Agenda 140 Tuesday, October 10, 2023
PLANNING COMMISSION RESOLUTION NO. XX-23

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

UNION CITY RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AMENDMENTS TO CHAPTER 18.08 DEFINITIONS, SECTION 18.08.267 GAS STATION MARKETEER; CHAPTER 18.26 MARKETPLACE MIXED USE (MMU) DISTRICT, SECTION 18.26.030 CONDITIONAL USES; CHAPTER 18.35 CORRIDOR MIXED USE COMMERCIAL (CMU) DISTRICT, SECTION 18.35.030 CONDITIONAL USES; CHAPTER 18.36 COMMERCIAL DISTRICTS, SECTION 18.36.030

CONDITIONAL USES FOR NEIGHBORHOOD COMMERCIAL (CN) AND
COMMUNITY COMMERCIAL (CC) DISTRICTS; AND CHAPTER 18.40
INDUSTRIAL DISTRICTS, SECTION 18.40.020 LAND USE REGULATIONS—

INDUSTRIAL DISTRICTS, FOR LIGHT INDUSTRIAL (ML) OF THE UNION CITY

MUNICIPAL CODE TO REPEAL THE PROHIBITION OF BEER AND WINE SALES

AT SELF SERVICE STATIONS
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 Union City Municipal Code currently prohibits the sale of alcohol at selfservice stations (hereinafter referred to as “gas stations”) for the purpose of protecting the public health, safety and welfare from crime and the sale of alcohol to minors; and WHEREAS, Business and Professions Code Section 23790.5 prohibits the City of Union City from banning the sale of beer and wine at gas stations; and WHEREAS, on July 25, 2023, at a regularly scheduled meeting, the City Council directed the City Attorney to prepare an ordinance repealing this prohibition; and WHEREAS, the prohibition is housed within the Zoning Ordinance, falling within the jurisdiction of the Planning Commission to first consider the item before the City Council; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed Municipal Code Amendments on September 21, 2023 at which time all interested parties had the opportunity to be heard. The Planning Commission considered a staff report dated September 21 2023 and all written and oral testimony; and
WHEREAS, the Planning Commission desires to recommend to the City Council adoption of an ordinance amending the Zoning Ordinance to permit the sale of beer and wine at gas stations.

NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Union City as follows:

SECTION 1. Recitals.

City Council/RSA Agenda 141 Tuesday, October 10, 2023
The above recitals are true and correct and made a part of this Resolution.

SECTION 2. Municipal Code Amendment.

The Planning Commission recommends to the City Council that Title 18, Zoning, of the Union City Municipal Code be amended as shown in Exhibits A and B (Redlined Version), attached hereto and incorporated herein.

SECTION 3. Findings.

1. That the proposed Zoning Text Amendments should be granted to ensure that the City’s Zoning Ordinance requirements are consistent with State law; and

2. That the proposed Zoning Text Amendments are consistent with the following General Plan policy
• Policy ED-7.3, Remove Regulatory Barriers: The City shall continually work to identify and remove any unnecessary regulatory barriers that discourage private-sector investment.

The proposed amendments will remove language from the zoning ordinance that prohibits alcohol sales at gas stations, allowing operators an expanded choice of sales items and an expanded source of revenue; and

3. That the proposed Zoning Text Amendments are necessary and desirable to achieve the purpose of Title 18, which seeks to promote and protect the public health, safety, morals, comfort, convenience, and the general welfare of the people. Any business selling alcohol is required to obtain a permit from the California Department Alcohol Beverage Control and is required to comply with any applicable requirements and laws. In addition, the Public Convenience and Necessity process is in place to help protect against the impacts associated with overconcentration of commercial uses which sell alcohol.

SECTION 4. 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 limited text amendments and additions to remove a prohibition on the sale of beer and wine at gas stations, it can be seen with certainty that there is no possibility that the Municipal Code Amendments will have a significant effect on the environment.

City Council/RSA Agenda 142 Tuesday, October 10, 2023
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission of the City of Union City held on September 21, 2023, by the following vote:

AYES
NOES

ABSTAIN
ABSENT
MOVED:

SECONDED:

APPROVED:
________________________________________

LEE GUIO, CHAIRPERSON
ATTEST:
_________________________________

CARMELA CAMPBELL, SECRETARY
City Council/RSA Agenda 143 Tuesday, October 10, 2023
AT-23-005 – ZONING TEXT AMENDMENTS ALLOWING

BEER AND WINE SALES AT GAS STATIONS
City Council Meeting
October 10, 2023
City Council/RSA Agenda 144 Tuesday, October 10, 2023
2 Background
City’s prohibition on alcohol sales at
gas stations – Was in place before
State law required Cities to allow
alcohol sales at gas stations
Current – State prohibits cities
banning beer and wine sale gas
stations
Zoning Ordinance amendments
continue practice of maintaining
compliance with State requirements
City Council/RSA Agenda 145 Tuesday, October 10, 2023
3 Amendments
Repeal
Prohibition
Amendments
▪ Proposed amendments would repeal prohibition and allow sale of beer and wine at gas stations under Zoning Ordinance
Impetus
▪ Business and Professions Code Section 23790.5 currently prohibits a city from specifically banning sale of beer and wine at gas stations ▪ Sale of liquor would still be prohibited
City Council/RSA Agenda 146 Tuesday, October 10, 2023
4 Enforcement
State Law - Gas stations must not:
▪ Display beer or wine within five feet of cash register ▪ Advertise at motor fuel islands
▪ Sell from drive-in window
▪ Display or sell from ice tub
▪ Self-illuminated ad’s on buildings or windows
Public Convenience and Necessity (PCN)
determination (Section 18.52.084):
▪ Used when ABC denies application
▪ 2022 Zoning Ordinance adopted process for
Economic and Community Development Director to
make PCN determination
City Council/RSA Agenda 147 Tuesday, October 10, 2023
5 Amendment to Definitions
Chapter 18.08, Definitions, Section 18.08.267 Gas station marketeer
▪ A “gas station marketeer” is:

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 .

City Council/RSA Agenda 148 Tuesday, October 10, 2023
6 Amendments to Zoning
Zoning Districts – Use Classification
Update
Amendment to “service station” use
classification to specify that service
stations can sell beer and wine in
individual zoning district chapters
Use Permit for Service stations
Permitted in a limited number of
zoning districts
Require use permit approval by the
Planning Commission pursuant to
Chapter 18.56
City Council/RSA Agenda 149 Tuesday, October 10, 2023
7 Amendments to Allow Beer and Wine Sales at Gas Stations Chapter 18.26 Marketplace Mixed Use (MMU) District, Section 18.26.030, Conditional uses
Chapter 18.35 Corridor Mixed Use Commercial (CMU) District, Section 18.35.030, Conditional uses
Chapter 18.36 Commercial Districts, Section 18.36.030, Conditional uses for Neighborhood Commercial (CN) and Community Commercial (CC) Chapter 18.40 Industrial Districts, Section 18.40.020, Land use regulations—Industrial Districts, for Light Industrial (ML)
City Council/RSA Agenda 150 Tuesday, October 10, 2023
8 Amendments to Allow Beer and Wine Sales at Gas Stations No sale of alcoholic beverages, with the exception of beer and wine.

City Council/RSA Agenda 151 Tuesday, October 10, 2023
9 Recommendation
The Planning Commission adopted a resolution recommending that the City Council adopt Zoning Text Amendment AT-23-005.

Staff recommends the City Council:
• Introduce an ordinance: Approving Zoning Text Amendment, AT-23- 005, Amending Chapter 18.08, “Definitions”, Chapter 18.26, “Marketplace Mixed Use (Mmu) District”, Chapter 18.35, “Corridor Mixed Use Commercial (Cmu) District”, Chapter 18.36 “Commercial Districts” And Chapter 18.40 “Industrial Districts,” Of The Union City Municipal Code To Repeal The Prohibition Of Alcohol Sales At Self Service Stations.

City Council/RSA Agenda 152 Tuesday, October 10, 2023