Agenda packet — Union City City Council, October 24, 2023 (part 2 of 2)

disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

30. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

31. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, City Council/RSA Agenda 176 Tuesday, October 24, 2023
City of Union City-Union City Transit
Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

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but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

32. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS District Partnership Liaison

33. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Partnership Liaison no later than June 30, 2025.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Partnership Liaison. c. Payments shall be forfeit for work incurred after December 31, 2024.

34. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

35. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

36. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
City Council/RSA Agenda 177 Tuesday, October 24, 2023
City of Union City-Union City Transit
Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

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II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

37. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

38. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Clean CA Transit Partnership Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

AGENCY NAME
By:

Printed Name:

Title:

Date:

City Council/RSA Agenda 178 Tuesday, October 24, 2023
City of Union City-Union City Transit
Agreement Number 04-TRANSIT-15
AMS ADV ID: 0424000100

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CALTRANS DISTRICT PARTNERSHIP LIAISON

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Title:

Date:

CALIFORNIA DEPARTMENT OF TRANSPORTATION

CLEAN CALIFORNIA PROGRAM
By:

Printed Name:

Walter Yu
Title:

Clean California Program Director
Date:

City Council/RSA Agenda 179 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: PUBLIC HEARING AND ADOPTION 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 FROM

ENVIRONMENTAL REVIEW PURSUANT TO CEQAGUIDELINES
SECTION 15061(B)(3)
Staff recommends that the City Councilconduct a public hearing, waive further reading and adopt 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 City Council previously introduced the proposed Ordinance at its regular meeting on October 10, 2023.

Consistent with state law requirements, the Council is now required to conduct a public hearing and adopt the Ordinance in order for it to take effect.

STRATEGIC PLAN ALIGNMENT
The 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.”

BACKGROUND
The Union City Zoning Ordinance currently prohibits the sale of alcoholat service stations (also known as “gas stations”). When the City adopted this prohibition, it was permitted under California law. Currently, cities City Council/RSA Agenda 180 Tuesday, October 24, 2023
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, the Planning Commission recommended approval of this Zoning Text Amendment to the City Council.

The City Council voted 5-0 to introduce the proposed Ordinance at its regular meeting on October 10, 2023.

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.

Under state law, a public hearing is required prior to adoption of an ordinance amending the City’s Zoning Code. Staff has duly noticed this public hearing and now recommends that the City Council hold the public hearing before waiving further reading and adopting the proposed Ordinance.

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 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
Staff recommends that the City Councilconduct a public hearing, waive further reading and adopt the proposed Ordinance. The ordinance will take effect thirty (30) days after adoption.

Prepared by:

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

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
Gas Station Alcohol Ordinance Ordinance
Exhibit A Ordinance Exhibit
City Council/RSA Agenda 181 Tuesday, October 24, 2023
Exhibit BOrdinance Exhibit
Presentation Attachment
City Council/RSA Agenda 182 Tuesday, October 24, 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 183 Tuesday, October 24, 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 184 Tuesday, October 24, 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 185 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 186 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 187 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 188 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 189 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 190 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 191 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 192 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 193 Tuesday, October 24, 2023
AT-23-005
Exhibit A

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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 194 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 11 of 18 ends

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 195 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 12 of 18 ends

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 196 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 13 of 18 ends

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 197 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 14 of 18 ends

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 198 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 15 of 18 ends

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 199 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 16 of 18 ends

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

Page 17 of 18 ends

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 201 Tuesday, October 24, 2023
AT-23-005
Exhibit A

Page 18 of 18 ends

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 202 Tuesday, October 24, 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.

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 203 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 2 of 21 ends

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.

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

2. Discount clubs.

3. Drive-in/drive-through uses.

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

6. Hotels.

Page 3 of 21 ends

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.

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;

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

5. Sidewalk cafés per Section 18.36.190;

City Council/RSA Agenda 205 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 4 of 21 ends

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;

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;

City Council/RSA Agenda 206 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 5 of 21 ends

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).

X X X X
City Council/RSA Agenda 207 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 6 of 21 ends

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).

Page 7 of 21 ends

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 209 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 8 of 21 ends

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

X X X X
Chapter 18.40 INDUSTRIAL DISTRICTS

City Council/RSA Agenda 210 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 9 of 21 ends

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 211 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 10 of 21 ends

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

Page 11 of 21 ends

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 213 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 12 of 21 ends

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 214 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 13 of 21 ends

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 215 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 14 of 21 ends

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 216 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 15 of 21 ends

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 217 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 16 of 21 ends

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 218 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 17 of 21 ends

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 219 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 18 of 21 ends

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 220 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 19 of 21 ends

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 221 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 20 of 21 ends

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 222 Tuesday, October 24, 2023
AT-23-005
Exhibit B

Page 21 of 21 ends

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 223 Tuesday, October 24, 2023

PUBLIC HEARING AND ADOPTION OF ORDINANCE

ZONING TEXT AMENDMENTS ALLOWING BEER AND

WINE SALES AT GAS STATIONS
City Council Meeting
October 24, 2023
City Council/RSA Agenda 224 Tuesday, October 24, 2023
2 Prior Action
October 10, 2024
 City Council voted 5-0 to introduce the proposed ordinance Proposed Ordinance
 Consistent with Business and Professions Code Section 23790.5, proposed ordinance eliminates the prohibition on the sale of beer and wine at gas stations City Council/RSA Agenda 225 Tuesday, October 24, 2023
3 Public Hearing
Public HearingState law and the Municipal Code require a public hearing prior to adoption or an ordinance amending the Zoning Code Adoption of OrdinanceAdoption of the Ordinance will result in the revisions to the Zoning Code taking effect in 30 days City Council/RSA Agenda 226 Tuesday, October 24, 2023
4 Recommendation
Conduct a Public Hearing, Waive Further Reading and Adopt 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 227 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JOAN MALLOY, CITY MANAGER
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE

HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP)
GRANT, IN THE AMOUNT OF $626,469, FROM THE STATE OF

CALIFORNIA, HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC), TO ADDRESS IMMEDIATE HOMELESS CHALLENGES, TO

PROVIDE EAST COUNTY SAFE PARKING OPERATING SUBSIDIES AND SERVICES, AND AMENDING the FISCAL YEAR 2023-2024 HHAP GRANT

FUND BUDGET
The City was awarded $626,469 in block grant funding administered through the State of California, Homeless Coordinating and Finance Council (“HCFC”) as part of the Homeless Housing, Assistance and Prevention Program (“HHAP”) Grant to address immediate homeless challenges. The funds will provide reimbursement for East County Safe Parking operating subsidies and services through Union City’s CAREavan program.

Staff recommends the City Council adopt a resolution accepting the HHAP grant funds and amending the FiscalYear 2023-2024 HHAP Grant Fund budget.

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

Goal C, Strategy 3: Develop a multi-departmental approach to address homelessness through coordination with staff, community organizations and Alameda County.

BACKGROUND
In 2019, Union City applied to the State of California HCFC for HHAP grant funds to provide creative and effective solutions for addressing the critical issue of homelessness in one or more core service categories: 1) Outreach, Engagement, and Benefits Enrollment; 2) Health and Supportive Services; and/or 3) Housing and Property Related Services. In 2022, the City was awarded a contract for $122,203 as part of a second wave of HHAP grant funds for Fiscal Year 2022-23. The funding was used to provide the City reimbursement for costs associated with the Safe Parking program to provide safe overnight parking for families and individuals City Council/RSA Agenda 228 Tuesday, October 24, 2023
currently homeless and living in their vehicles, and help participants transition to permanent housing through referrals and services in Union City. The funding term was from October 2, 2022, through June 30, 2023.

DISCUSSION
In September 2023, the City received an amended agreement to award a contract for $626,469 in additional HHAP grant funds (Round 3). The funds will continue to provide the City reimbursement for costs associated with the Safe Parking program to provide safe overnight parking for families and individuals currently homeless and living in their vehicles, and help participants transition to permanent housing through referrals and services in Union City.

The additional funding will also provide increased resources and staff support for the Homelessness Division including the increase of a part-time Homeless Outreach Worker to full-time; supplementing a percentage of the Housing & Community Development Manager; and adding stipends for part-time interns and clerical support.

A request to update the City's Authorized Positions List to address the staffing needs for the HHAP will be brought back to Councilat a future date. The funding term of this agreement will be July 1, 2023, through June 30, 2024. Any remaining funds from Round 3 may be used towards FY 2024-25 (Round 4), as part of an expected amended agreement.

FISCAL IMPACT
There is no fiscal impact to the General Fund. The HHAP grant funding of $626,469 will provide reimbursement for East County Safe Parking operating subsidies and services for the unhoused through Union City’s CAREavan program. The funds will be accounted for in the HHAP Grant Fund – Fund 2460. Because the amount of this grant award is more than was originally anticipated, the FY 2023-2024 HHAP Grant Fund budget needs to be amended as indicated below and in the attached resolution.

RECOMMENDATION
It is recommended that the City Counciladopt a resolution:

1. Authorizing the acceptance of the HHAP grant, in the amount of $626,469, to address immediate homeless challenges through the CAREavan Overnight Safe Parking Program; and 2 . Amending the FY 2023-2024 HHAP Grant Fund budget by increasing the revenue projection in Account Number 2460-51041-44270 (HHAP Grant Fund – HHAP Grant – HHAP Grant) by $231,469, from $395,000 to $626,469; and

3. Amending the FY 2023-2024 HHAP Grant Fund expenditure budget by appropriating $353,070 to the following Account Numbers:
- $50,000 to 2460-5140-51041-51110 (HHAP Grant Fund – HHAP – HHAP Grant – Regular Pay) - $110,000 to 2460-5140-51041-51112 (HHAP Grant Fund – HHAP – HHAP Grant – Seasonal Part-Time Pay/Temp Pay)
- $5,000 to 2460-5140-51041-53203 (HHAP Grant Fund – HHAP – HHAP Grant – Health Supplies) - $13,070 to 2460-5140-51041-53701 (HHAP Grant Fund – HHAP – HHAP Grant – Other Supplies) - $5,000 to 2460-5140-51041-53706 (HHAP Grant Fund – HHAP – HHAP Grant – Transportation Subsidies) - $170,000 to 2460-5140-51041-54111 (HHAP Grant Fund – HHAP – HHAP Grant – Contractual Services) Although the entire $626,469 in grant funding is being accepted at this time, staff is only requesting additional appropriations of $353,070, which, when added to the $42,870 already budgeted, will result in a $395,940 HHAP Grant budget for FY 2023-2024, which should be sufficient to run an effective program this fiscal year.

City Council/RSA Agenda 229 Tuesday, October 24, 2023
Prepared by:

Corina Hahn, Community & Recreation Services Director
Submitted by:

Corina Hahn, Community & Recreation Services Director
ATTACHMENTS:

Description Type
Resolution for HHAP Grant 2023 Resolution
HHAP 23-24Agreement Resolution
Presentation Attachment
City Council/RSA Agenda 230 Tuesday, October 24, 2023
RESOLUTION NO. ____ - 2023

A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE HOMELESS

HOUSING, ASSISTANCE AND PREVENTION (HHAP) GRANT, IN THE AMOUNT OF $626,469, FROM THE STATE OF CALIFORNIA, HOMELESS COORDINATING AND

FINANCING COUNCIL (HCFC), TO ADDRESS IMMEDIATE HOMELESS

CHALLENGES, TO PROVIDE EAST COUNTY SAFE PARKING OPERATING SUBSIDIES AND SERVICES, AND AMENDING THE FISCAL YEAR 2023-2024 HHAP

GRANT FUND BUDGET
WHEREAS, in 2019, the State of California, Homeless Coordinating and Finance Council (“HCFC”) announced funding as part of the Homeless Housing, Assistance and Prevention Program (“HHAP”) Grant to address immediate homeless challenges; and WHEREAS, in October 2022, the City of Union City (City) received an award of $122,203 in HHAP grant funds to provide the City reimbursement for costs associated with the Safe Parking program to provide safe overnight parking for families and individuals currently homeless and living in their vehicles; and to help participants transition to permanent housing through referrals and services in Union City; and
WHEREAS, in September 2023, the City received an amended agreement to award an additional $626,469 in HHAP grant funds to continue to reimburse the City for costs associated with the CAREavan Safe Overnight Program and expanded support services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Union City hereby authorizes acceptance of the HHAP grant funds in the amount of $626,469.

BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 HHAP Grant Fund revenue budget by increasing the revenue projection in Account Number 2460-51041-44270 (HHAP Grant Fund – HHAP Grant – HHAP Grant) by $231,469, from $395,000 to $626,469; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby amends the Fiscal Year 2023-2024 HHAP Grant Fund expenditure budget by appropriating $353,070 to the following Account Numbers:
 $50,000 to 2460-5140-51041-51110 (HHAP Grant Fund – HHAP – HHAP Grant – Regular Pay)
 $110,000 to 2460-5140-51041-51112 (HHAP Grant Fund – HHAP – HHAP Grant – Seasonal Part-Time Pay/Temp Pay)
 $5,000 to 2460-5140-51041-53203 (HHAP Grant Fund – HHAP – HHAP Grant – Health Supplies)
 $13,070 to 2460-5140-51041-53701 (HHAP Grant Fund – HHAP – HHAP Grant – Other Supplies)
 $5,000 to 2460-5140-51041-53706 (HHAP Grant Fund – HHAP – HHAP Grant – Transportation Subsidies)
City Council/RSA Agenda 231 Tuesday, October 24, 2023
Resolution No. XXXX-23

Page 2 ends

 $170,000 to 2460-5140-51041-54111 (HHAP Grant Fund – HHAP – HHAP Grant – Contractual Services); and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby acknowledges that the FY 2023-2024 HHAP Grant expenditure budget will be $395,940, unless further amended by the City Council; and
BE IT FURTHER RESOLVED that the City Council of the City of Union City hereby authorizes the City Manager, or her designee, to execute any and all agreements necessary to accept the grant, in a form approved by the City Attorney, and to take any other such 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 24th 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 232 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666

Page 1 of 3 ends

FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“First Amendment”) is made by the County of Alameda (“County”) and City of Union City, a California Municipal Corporation (“Contractor”) with respect to that certain agreement, Master Contract No. 902012, Procurement Contract No. 24666, dated as of October 1, 2022 (referred to herein as the “Agreement”) pursuant to which Contractor provides South County Safe Parking services to County.

For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects:

1. Except as otherwise stated in this First Amendment, the terms and provisions of this First Amendment will be effective as of the date this First Amendment is executed by the County.

2. The term of the Agreement expired on June 30, 2023. As of the date this First Amendment is executed by the County, the term of the Agreement is extended through June 30, 2024.

3. In consideration for Contractor’s additional services, the County shall pay Contractor in an additional amount not to exceed six hundred twenty-six thousand, four hundred sixty-nine dollars ($626,469). As a result of these additional services the not to exceed amount has increased from one hundred twenty-two thousand, two hundred three dollars ($122,203) to seven hundred forty-eight thousand, six hundred seventy-two dollars ($748,672) over the term of the Agreement and any amendments.

4. Item 8, Payment, has been amended and replaced with the following:

PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B and Exhibit B1 hereto.

5. Item 20, Termination, is amended and replaced by the following:

TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B and Exhibit B1 hereto, provided that the maximum amount payable to City Council/RSA Agenda 233 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666

Page 2 of 3 ends

Contractor for their South County safe parking services shall not exceed $748,672 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.

6. Exhibit A1, Program Description and Performance Requirements, is incorporated into this Agreement by this reference, amends and supersedes Exhibit A as of July 1, 2023.

7. Exhibit B1, Terms and Conditions for Payment, is incorporated into this Agreement by this reference , amends and supersedes Exhibit B as of July 1, 2023.

8. Attached hereto is Exhibit D1, a current Debarment and Suspension Certificate executed by Contractor.

9. References to “East County Safe Parking” are amended and corrected to “South County Safe Parking”.

10. Except as expressly modified by this First Amendment, all of the terms and conditions of the Agreement are and remain in full force and effect.

City Council/RSA Agenda 234 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement as of the day and year this First Amendment is executed by the County.

COUNTY OF ALAMEDA CITY OF UNION CITY, A CALIFORNIA

MUNICIPAL CORPORATION
By:______________________________
Signature
By:_____________________________
Signature
Name: Colleen Chawla .
(Printed)
Name: Joan Malloy ..
(Printed)
Title: Director, Health Care Services Agency Title: City Manager .

Date:___________________________ Date:___________________________ Approved as to Form: DONNA R. ZIEGLER
County Counsel, County of Alameda
By:
_______________________________
K. Joon Oh
Deputy County Counsel
By signing above, signatory warrants and
represents that he/she executed this First
Amendment in his/her authorized capacity and
that by his/her signature on this First
Amendment, he/she or the entity upon behalf
of which he/she acted, executed this First
Amendment.

City Council/RSA Agenda 235 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 1 of 6 ends

EXHIBIT A1

PROGRAM DESCRIPTION AND PERFORMANCE REQUIREMENTS
Contractor Name: City of Union City, a California Municipal Corporation Contracting Department: Health Care Services Agency (HCSA) Office of Homeless Care and Coordination (OHCC)
Original Term: 10/01/2022 – 6/30/2023
Original Amount: $122,203
First Amendment Term: 07/01/2023 – 6/30/2024 (extension of 12 months) First Amendment Amount: $748,672 (increase of $626,469) The City of Union City shall utilize Homeless Housing Assistance Prevention (HHAP) funds towards the provision of the following services:
 Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregant shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.

Funding Overview:

HHAP guidelines specify spending and reporting must be informed by a best practices’ framework focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families to maintain their permanent housing:

I. “Homeless,” as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

II. Housing-related activities funded with HHAP funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b).

III. Pursuant to Assembly Bill 977, all HHAP funded projects must enter data into the local Homeless Management Information System (HMIS) (see Exhibit A – Reporting & Evaluation Requirements section for more information).

The HHAP Grant Agreement is incorporated into this Agreement by this reference and may be relied upon to interpret this Agreement.

Program Name and Locations:

CAREavan Program Main Address: 31880 Alvarado Blvd, Union City, CA 94587 CAREavan Locations:

Monday: Ruggieri Senior Center, 33997 Alvarado-Niles Rd, Union City Tuesday: Holly Community Center, 31600 Alvarado Blvd, Union City Wednesday and Saturday: Kennedy Youth Center, 1333 Decoto Rd, Union City Thursday: St. Annes Church, 32223 Cabello Rd, Union City Friday and Sunday: Our Lady of the Rosary Church, 678 B Street, Union City City Council/RSA Agenda 236 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 2 of 6 ends

Contracted Services:

A. CAREavan Program provides individuals experiencing homelessness, who are living in their cars and vans, a place to legally park their vehicles in a safe, secure, sanitary, and welcoming environment. The program is not available for people living in Recreational Vehicles.  This contract will continue the support of the additional nightly attendant.  Maintain the current level of service to participants by continuing to average 13-15 vehicles per night and 32 vehicles per quarter.
 Maintain the additional day of continuum of care services specifically personal hygiene. Union City will continue to provide one additional day of the Clean Start mobile hygiene unit. This will provide two showers and three laundry units for the CAREavan participants.  Provide mobile veterinary services to CAREavan participants pets.  We will introduce a vehicle assistance program that will help participants in the program with costs related to operating their vehicles safely and legally.  We will introduce a “Flex Funds” account that will help and assist for any other fees that are associated with transportation, bike repair funds, and clothing needs.  This contract will help support our newly hired Program Outreach Worker. This person works closely with the CAREavan participants and makes sure that they are all in Coordinated Entry.

They will also be responsible for updating the participants’ records in HMIS.  Extend our part-Time outreach worker to full-time.
 Launch a vehicle assistance program that will include paying for some fees associated such as vehicle registration, minor repairs, parking tickets, etc.  Partnering with the local Teen Workshop to establish bicycle repair services for homeless residents.
 Provide free mobile Vet services to our unhoused.

HHAP funds shall be used for the operation and administration of this project. The increase in HHAP Funds will be used to support additional staffing and expanded programming at the Safe Parking site in FY 23-24.

Project Goals:
 Provide low-barrier, compassionate, and non-judgmental services to literally homeless individuals.  Assist literally homeless individuals to rapidly obtain permanent housing.  Capture data in real-time in the Homeless Management Information System (HMIS) on all participants served and all significant services rendered.
a. HMIS project enrollments for each participant accessing services. b. HMIS annual assessments as necessary for participants enrolled one year or longer Numbers Served: Captures numbers of individuals served by various sub-population breakdowns. c. Outcomes: Captures changes in homeless status Annual Performance Report (all, veterans, youth)
d. Supplemental: Captures changes in homeless status annual Performance Report (CH, race, ethnicity, gender)
Target Population:

HHAP funds will be utilized to support adults and children experiencing homelessness in Alameda County.

Providing supportive services and shelter for individuals experiencing homelessness.

City Council/RSA Agenda 237 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 3 of 6 ends

 CAREavan Program will serve literally homeless adults who reside or are connected to the City of Union City or the County. This program will continue to support families, couples, and single individuals currently displaced and living in their vehicles. Pets are allowed in the program. RV’s and motorhomes are not allowed to park overnight. All vehicles must also be operational and moved off premises daily.

The CAREavan program will coordinate through the South County/Tri-City Housing Resource Center (HRC) access points to utilize Alameda County's Coordinated Entry System (CES) to prioritize, identify, and match clients to access additional resources for people experiencing homelessness.

The program will utilize CES through HRC at the initial point of entry and as the primary source of referrals for Unsheltered adults via Abode in Fremont and Unsheltered families through the Fremont Family Resource Center. If there are no referrals received through CES, the program will then utilize other current referral systems in place to find placement for clients through homeless service providers.

Program Outcomes:

The contractor agrees to the following program success measures:

Process Objectives and Performance Measures
For the project listed below, subrecipient shall meet the following objectives, utilizing the County-adopted Results-Based Accountability (RBA) performance targets:
 CAREavan Program
Objective Type Program Deliverable Performance Measure Data Source How Much? Enrollment and Services Serve 62 individuals, during the contract term.

HMIS
Is Anyone Better Off?
Obtaining or maintaining
mainstream benefits
At least of 80% of
participants in accessing
mainstream benefits.

HMIS
Maintenance of, or increases
in income
At least 75% of consumers
will have maintained or
increased their income from
program entry to their most
recent update/ exit
assessment.

HMIS
How Well?
Prevent homelessness Less than 10% of enrolled
consumers will exit the hotel
to the streets, unknown, or
other destinations (# exits
from hotel to unstable
situation/#
enrolled consumers).

HMIS
Reporting & Evaluation Requirements:

For every participant served, Contractor will:

City Council/RSA Agenda 238 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 4 of 6 ends

 Comply with the following HMIS data entry requirements:
o Create a/an HMIS project(s) following the guidelines set forth in CA AB977; o Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) o Complete all entry/exit Universal Data Elements (UDEs), Common Data Elements (CDEs), and Item W5 of the Individual Federal Partner Program Elements in HMIS; o Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS.

At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable;
 Comply with the following HMIS reporting requirements:
o Generate and extract “Annual Performance Reports (APRs)” from the HMIS for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project); o APRs will reflect the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness);
o APRs shall not exceed 5% of null values in Questions 6a-f (Data Quality Sections); and o APRs will be submitted:
 On a monthly basis – APRs shall accompany every monthly invoice and will reflect services provided during the invoiced period; and
 On a quarterly basis – APRs shall accompany each Quarterly Outcomes Report and will reflect services provided during the quarterly period.
 Provide Alameda County Health Care Services Agency with a dedicated point of contact for data quality and reporting (a ‘data lead’).
 Complete all entry/exit Universal Data Elements (UDEs) in HMIS.  Provide real-time (within twenty-four hours) data entry of all participants served into the HMIS. At a minimum, this includes the HMIS intake and project entries/exits, and services provided, as applicable.  Provide an HMIS “Annual Performance Report (APR)” report for the duration of the monthly period, reflecting the unduplicated total of persons served (including homeless persons or persons at imminent risk of homelessness served). APR shall be extracted from the County’s HMIS and shall not exceed 5% of null values in Questions 6a-f of the APR (Data Quality Sections). o APRs must be submitted for each individual project type (i.e., Rapid Re-housing, Homeless Prevention, or relevant project) reports as demonstrated within the Quarterly Outcomes Reporting. Quarterly Outcomes Reporting will require the following components:

1.Brief Description of Contract Services Specific to the Quarterly Fiscal Year.

2.APR for each individual project type Specific to the Quarterly Fiscal Year.

3.Number of Unduplicated Participants Served in Quarterly Fiscal Year.

4.Annual Target Number of Unduplicated Participants to be Served per Year.

5.Number of Unduplicated Participants Served Fiscal Year to Date.

6.Brief Narrative to Highlight Accomplishments Specific to the Quarterly Fiscal Year.

7.Brief Narrative to Highlight Challenges Specific to the Quarterly Fiscal Year.  Ensure HMIS projects correctly identify appropriate funding sources for segmentation at the participant level to facilitate State-level reporting requirements (i.e., Homeless Housing, Assistance and Prevention (HHAP) funding for shelter support, separated by individual project.) County shall have on-demand access to HHAP HMIS data and will regularly, but no less frequently than monthly, pull these data sets to create program performance dashboards on program outcomes listed above.

Contractor agrees to work iteratively with County staff if data quality issues are identified during the course City Council/RSA Agenda 239 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 5 of 6 ends

of reporting evaluation and dashboard creation, and to correct all data entry errors identified by County staff in a timely manner.

In the event HMIS is not available for a prolonged period, Contractor agrees to work with County staff to develop a comparable interim data collection solution. This interim solution shall pertain to all provisions in this Exhibit that otherwise refer to HMIS data collection, until such time as HMIS becomes sufficiently available and staff can be trained to use it. Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Contractor further agrees to ensure that all data recorded in this interim solution is eventually transferred to HMIS when it becomes available for use.

Provide spending reports and accompanying documentation, with format and frequency as required by other funding sources.

Contractor must undertake continuous quantitative and qualitative (extracted from HMIS) evaluation of the Scope of Services as specified in this Agreement and shall share quarterly and annual written reports as demonstrated within HMIS.
 Capture data for Domestic Violence shelter reporting requirements for HHAP funds on all participants served and all significant services rendered, inputted and extracted from an HMIScomparable database system, including:
a. Numbers Served: Captures number of individuals and households served by various subpopulation breakdowns. b. Outcomes: Captures exit destination of populations covered by the APR (all, veterans, youth)
c. Supplemental: Captures exit destination of populations not covered by the APR (CH, race, ethnicity, gender)
 Numbers reported should be persons served by the entire project regardless of how much of the project was funded by HHAP.
 Reports as demonstrated within Exhibit B1
Quarterly Reporting Deadlines:

Service Period Due to County
Q1 07/01/2023 – 09/30/2023 10/15/2023
Q2 10/01/2023 - 12/31/2023 01/15/2024
Q3 01/01/2024 - 03/31/2024 04/15/2024
Q4 04/01/2024 - 06/30/2024 07/15/2024
Program Monitoring:
 The County staff liaison will facilitate program monitoring, which may include a review of operations, participant eligibility, participant records, including any required releases or documentation for federal/county funding, backup documentation for reporting progress towards meeting service and outcome objectives, coordination and communication with Contractor and Alameda County, and coordination with service providers who come to the site or serve as participant referrals.

City Council/RSA Agenda 240 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit A1

Page 6 of 6 ends

Additional Requirements:

Contractor agrees that only the following reasons, adapted from the Alameda County Shelter Standards Section A.36, may be used as a basis for discharge from the shelter. Only the following reasons may be used as a basis for discharge from a shelter facility:
 Possession of a weapon at the facility
 Possession of illegal drugs on premises. If alcohol or drugs are found, participant should be given the opportunity to dispose of the prohibited substance or leave the shelter for that night if they do not wish to dispose of the prohibited substance. A violation of this policy cannot be a reason for discharge unless the violation compromises the health or safety of other participants or staff, or repeatedly interferes with the rights of other participants to peaceful enjoyment of the facility.  Assault or other violent behavior
 Theft
 Destruction of property
 Restraining order precludes continued residence
 Participant behavior endangers health or safety of participants or staff  Repeated interference with the rights of other participants to peaceful enjoyment of the facility.  Presence of infectious disease significantly increases the risk of harm to other participants. Note that participants with lice or scabies or exhibiting symptoms of TB should be allowed to stay in shelter and sent to a health care provider for treatment as soon as possible. Precautions should be taken to avoid spreading as much as feasible. Noncompliance with treatment or containment measures that endangers other participants may be cause for discharge.
 Participant requires care and supervision to manage their activities of daily living (feeding, toileting, selecting proper attire, grooming, maintaining continence, putting on clothes, bathing, walking and transferring) without appropriate supports available on-site. Individuals discharged due to care and supervision needs cannot be discharged to the streets.
 Participants may be discharged for refusing to work towards a housing plan and/or refusing multiple housing opportunities; however, evidence must be present that shelter and respite staff actively attempted to engage the participants in services designed to support an exit to stable permanent housing with consideration given to each participants barriers to engagement.

Contractor may not impose arbitrary lengths of stay for participants who are otherwise compliant with these protocols. Any discharge for a violation of these protocols must be fully documented (for example, in agency case notes) and made available to County, upon request. Participants who are discharged shall be afforded the opportunity to file a grievance. Contractor agrees to establish a grievance policy for the shelter and respite programs that shall comport with any Alameda County Coordinated Entry System grievance policy guidelines.

While participants may be encouraged to get a TB test, lack of a test cannot be used as a reason for discharge. If a participant exhibits symptoms of TB and does not comply with testing and treatment recommendations, the participant may be discharged to protect the health and safety of other participants and staff.

Certification/Licensure/ Confidentiality
 Contractor will maintain all required licenses and special permits issued by federal, state, and local agencies related to the services it provides.

Contractor shall conform to all federal and state laws relating to confidentiality of patients’ medical information, including but not limited to HIPAA and HITECH when applicable.

City Council/RSA Agenda 241 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit B1

Page 1 of 4 ends

EXHIBIT B1

TERMS AND CONDITIONS FOR PAYMENT
Unless expressly modified by this Exhibit B1, all of the terms and conditions of the Exhibit B will remain in full force and effect
I. Budget Summary (07/01/2023 - 6/30/2024)
Contractors’ expenditures shall be in accordance with the chart set forth below.

Category Initial Contract Amount
(10/1/2022 – 6/30/2023)
First Amendment Amount
(07/01/2023 – 06/30/2024)
Updated
Budget
South County
Safe Parking
(CAREavan)
$122,203 $626,469 $748,672
TOTAL  $122,203 $626,469 $748,672
HHAP allowable funds are limited to:
 Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, non-congregant shelters, interim or bridge housing, and navigation centers. Operating subsidies may include operating reserves.
 Funding Sources:

Original Contract
HHAP Round 1, 2 $122,203
First Amendment
HHAP Round 3 $395,940
HHAP Round 4 $230,529
Total $748,672
Terms and Conditions of Payment:

A. The funding amount under the terms of this Exhibit B1 for services provided under Exhibit A1 is $626,469 and the total reimbursement shall not exceed the total dollar awarded ($748,672) under the terms of this Agreement. Funds shall be used solely in support of the program budget above.
a. Any start-up expenditures or other advance payment are subject to the County’s Cash Advance Policy and Government Code 11019:
i. Contractor must be a community-based, private, nonprofit organization. ii. Advance payments will be considered at the beginning of the contract period on a case-by-case basis in response to critical financial need and the inability to reasonably meet payroll and operating expense requirements in a timely manner.
iii. A cash advance may be granted only once a year at the beginning of the contract period for expenses associated only with Alameda County contracts and is not to exceed the equivalent of the value of the contract divided by the number of months in the contract.

City Council/RSA Agenda 242 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit B1

Page 2 of 4 ends

iv. The cash advance must be repaid in cash and include a recoupment plan. v. Any cash advance request must be in the form of a letter from the organization’s Executive Director submitted to the supervising department, with a Cash Advance Request Form completed. Departments will review each request within three weeks and forward the request to the Auditor for processing. The reason for any denial will be stated in writing to the Contractor.

B. Contractor shall invoice the County not more than monthly for actual expenses incurred.

C. The final invoice shall be for an amount not to exceed the remaining balance of the contract.

The final invoice and accompanying reports must be received no later than August 1, 2024.

D. Budgets amounts may vary between line items only with HCSA written consent. Funds shall be used solely in support of the project’s program budget.

E. All invoices must be accompanied by reports described in Exhibit A1 upon contract execution.

F. County shall use best efforts to process invoices submitted for reimbursement by Contractor within forty-five (45) working days of receipt, review, and approval of complete and accurate invoice, reports, and any other back up documentation, information, or reports as requested.

Invoicing Procedures:

A. Invoices must include:
 Purchase Order (PO) number
 invoice date
 invoice number
 service period
 contract balance
 actual expenditures (which may not exceed the budget in Exhibit B1)  invoice total amount
 accompanied by all required reports as delineated in the Reporting & Evaluation Requirements section in Exhibit A1
Any other back up documentation, information, or reports as requested, and invoice shall be emailed to:

Phonethip Hill: [email protected]
CC: [email protected]
B. Contractor shall ensure that all sub-contracts, scopes of services, line-item budgets, budget narratives and required reports are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any subcontracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.

C. The County and/or Auditor-Controller may withhold payment of all or a portion of Contractor’s claim for reimbursement of expenses when the Contractor has not complied with provisions of the current Agreement or a prior Agreement. Such matters of non-compliance may include, but City Council/RSA Agenda 243 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit B1

Page 3 of 4 ends

are not restricted to, the delivery of patient and related services, submission of consumer service data and required reports, submission of documents supporting reimbursement requests which verify expenditures incurred, maintenance of proper records, submission of revenue reports, disallowance as a result of interim audit or financial compliance evaluations, or other conditions as required in this Agreement by Federal, State or County regulations. If payment of claims is to be delayed, the following procedures will be followed:
a. Contractor shall be notified by telephone within seven (7) working days of the receipt by County of Contractor’s claim if there is a reason for delaying or withholding payment. b. The County shall provide written confirmation of reason(s) for delaying or withholding payment if the matter cannot be resolved within ten (10) working days of receipt of claim.
c. The County shall not be required to give written notice of the withholding action if an invoice must be held pending revisions, corrections, or amendments. It is the Contractor’s responsibility to correct invoice documents. In all cases, the Contractor shall be notified of the errors and corrective action needed. The withholding action shall be discussed with the Contractor at the time errors are brought to the Contractor’s attention. The County may, with Contractor’s consent, make minor adjustments on invoices to correct mathematical/typographical errors to expedite the claims process.

D. Contractor shall submit all final claims for reimbursement under this Agreement within fortyfive (45) days following the expiration of this Agreement. All claims submitted after forty-five (45) days following the expiration date of this Agreement will not be subject to reimbursement by the County. Any "obligations incurred" which are included in the claims for reimbursement and paid by the County, but which remain unpaid by the Contractor after forty-five (45) days following the expiration date of the Agreement will be disallowed under audit by the County.

Sub-Contractor Requirements:

A. If a portion of the services under this Agreement are to be performed by a third-party, Contractor must submit a formalized agreement to the County for approval prior to the execution of the contract and the provision of services by the sub-contractor. Failure to initiate, request, and receive written prior approval of sub-contractor may result in the disallowance of payments to the third-party.

B. Contractor shall ensure that all subcontracts, scopes of services, line-item budgets and budget narratives are submitted in the format as set forth by County, State and Federal mandates depending on funding sources. The decision to approve or disapprove any sub-contracts will be based on the information contained in the contract documents. Therefore the contracts must, as applicable, describe the activities or functions involved, a time schedule, a justification for the performance by a third-party, rate of compensation, a breakdown of and justification for the estimated costs, including the manner in which indirect costs, if any, will be reimbursed, the grant policies and requirements that are applicable to sub-contractor, other policies and procedures to be followed, the maximum amount of money for which Contractor may become liable under the agreement, and the cost principles to be used in determining allowable costs in the case of cost-type contracts.

C. Contractor shall reimburse subcontractors or personal consultants only for those services provided or for those activities performed pursuant to this Agreement.

Financial Controls, Records, and Audit:

A. Financial Records: Contractor has sole authority over accounting and systems for the development, preparation and safekeeping of records and books of account relating to City Council/RSA Agenda 244 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit B1

Page 4 of 4 ends

contracted services, including the preparation and submission of any cost reports, supporting data and other materials in connection with reimbursement under Medicaid and other thirdparty payment contracts and programs.

B. Audit: Contractor will participate in an annual fiscal audit to be pre-scheduled and conducted by the County. The fiscal audit will include a financial review of one monthly reimbursement request, specifically: verification of all related financial support documentation utilized in the development of the specific reimbursement request; and, examination of Contractor financial record-keeping systems and procedures relative to the development of the reimbursement request and receipt of payment. Upon completion of the annual fiscal audit the County will provide Contractor a finding report with applicable corrective measures, as necessary. Timelines for executing applicable corrective measures shall be negotiated between Contractor and the County.

Other Provisions:

A. The continuation of this Agreement and payments hereunder shall be subject to the availability of funds to the County of Alameda. Alameda County agrees to notify the Contractor in writing of any modifications related to changes in available funding.

B. Should the State of California, Federal Government, or other funding source refuse to reimburse County (or disallow payment, including based upon audit exceptions) for any relevant claim submitted to County by Contractor, Contractor agrees to reimburse County for all such claims or disallowances. Any such disallowances or penalties resulting will be the sole responsibility of the Contractor.

City Council/RSA Agenda 245 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit C

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City Council/RSA Agenda 246 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit C

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City Council/RSA Agenda 247 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit C

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City Council/RSA Agenda 248 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit C

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City Council/RSA Agenda 249 Tuesday, October 24, 2023
Master Contract No. 902012
Procurement Contract No. 24666
Exhibit D1

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EXHIBIT D1

COUNTY OF ALAMEDA

DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).

The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
 Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
 Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
 Does not have a proposed debarment pending; and
 Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.

If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.  Check if continued on attached page.

Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Amendment to the Standard Services Agreement. Signing the Amendment to Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.

CONTRACTOR: City of Union City, A California Municipal Corporation .

PRINCIPAL: Joan Mallory TITLE: City Manager .

SIGNATURE: ______________________________ DATE:

City Council/RSA Agenda 250 Tuesday, October 24, 2023
Adopt a Resolution Authorizing the Acceptance
of the Homeless Housing, Assistance and
Prevention (HHAP) Grant
Item 7.a
City Council/RSA Agenda 251 Tuesday, October 24, 2023
HHAP Fund Program Objectives 2
1 2
3 4
Pair with local funds
to reduce and end
homelessness
Commitment towards
racial equity in
provision of services
and outcomes
All housing and
services provided
must be Housing First
compliant
Establish meaningful
and purposeful
opportunities for lived
experiences of
homelessness
City Council/RSA Agenda 252 Tuesday, October 24, 2023
3 Homeless Housing, Assistance and
Prevention (HHAP) Program
Awarded to Alameda County
$1.95 Billion
HHAP Funding Statewide 2020-2024
$37 Million
State block grant that provides local jurisdictions (13 largest cities and 54 counties) with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges.

City Council/RSA Agenda 253 Tuesday, October 24, 2023
4 Point-in-Time Census – County Data
HHAP Funding – PIT Count 2022
City Council/RSA Agenda 254 Tuesday, October 24, 2023
5 Point-in-Time Census – City Data
• Last count was conducted February 23, 2022
• Identified 489 unsheltered individuals in Union City
• Most unsheltered individuals were residing in a car/van or RV Everyonehome.org
HHAP Funding – PIT Count 2022
City Council/RSA Agenda 255 Tuesday, October 24, 2023
6 HHAP Funds Awarded to Union City CAREavan Program
$650 Million Awarded
FY 2020-2021
Round 1
$300 Million Awarded
FY 2022-2023
Round 2
$1 Billion Awarded
FY 2023-2025
FY 2023-2024
$395,940
FY 2024- 2025
$230,529
Rounds 3+4
$1 Billion To Be Awarded
FY 2025-2026
Round 5 *
Total Award: $748,672
$ 0 $122,203 $626,469 ?
* Round 5 of HHAP
Funds Just Announced
City Council/RSA Agenda 256 Tuesday, October 24, 2023
7 HHAP Funded Services with First Award of $122,203
Mobile Hygiene Unit Veterinary Care Clinic
Added 2nd day of Clean Start mobile
shower and laundry.

Sunday a.m. - Kennedy Park
Friday p.m. - Our Lady of the Rosary
Church (OLR)
Basic vet care for
unhoused pet owners.

CAREavan Operations
Added CAREavan Attendants to
Safe Overnight Parking program,
offset GF operating expenses.

City Council/RSA Agenda 257 Tuesday, October 24, 2023

5.7 4.3

3.5 1
2 3
8 HHAP Grant Funds FY 2023-2024 - $395,940
$202,870
$23,070
$170,000
Estimated Expenditures
Staffing Supplies & Transportation Contractual Services CONTRACTUAL SERVICES - $170,000
Assistance Automotive Repair & Registration $60,000
Clean Start Mobile Hygiene Unit $40,000
Addiction Counseling Services $30,000
Voucher Program with Centro de Servicios $25,000
Personal Care Services $5,000
Preventive Medical Vet Care $5,000
Bicycle Parts & Repair $5,000
City Council/RSA Agenda 258 Tuesday, October 24, 2023

5.7 4.3

3.5 1
2 3
9 HHAP Grant Funds FY 2023-2024 - $395,940

SUPPLIES &
TRANSPORTATION - $23,070
Supplies $13,070
Transportation Costs $5,000
STAFFING - $202,870

0.15 FTE Housing & Community
Development Manager

0.35 FTE Homeless Outreach Worker

1.92 FTE PT Seasonal Staff (CAREAvan $202,870 Attendants & Interns) $23,070
$170,000
Estimated Expenditures
Staffing Supplies & Transportation Contractual Services City Council/RSA Agenda 259 Tuesday, October 24, 2023
10 CRS Homelessness Division Programs & Services
CAREavan
Family & Individual
Safe Overnight
Parking Program
Case Management
Individual Support,
Housing Navigation,
Coordination of Services
Basic Needs
Meals, Clothing,
Mobile Hygiene Unit,
Transportation,
Emotional Support
Street Outreach
Meeting the Unhoused On
Their Turf, Building
Relationships, Connecting
to Resources
City Staff Task Force
Coordination of Departments,
Staff & Services Regarding
Homeless / Encampments /
Illegal Dumping
Staffing & Admin Support
Case Manager, Outreach
Worker, Seasonal CAREavan
Attendants, Interns, Clerical
Assistance & Volunteers
City Council/RSA Agenda 260 Tuesday, October 24, 2023
11 Outcomes of Homeless Services
October 2022 – September 2023

HOUSING
# Moved Off Streets Into
Temporary Housing

REFERRALS
# Outside Referrals Received

COMPLAINTS
# Homeless Complaints Received
& Investigated By Homeless Team

PARTICIPANTS
# CAREavan Safe Parking Program
80 Registered Cars
98 Adults, 28 Children, 23 Pets

CONTACTS
# Client Contacts Made
48 New, 167 Repeat

ABATEMENTS
# Encampments Cleared
215
126 5
33 123
30 City Council/RSA Agenda 261 Tuesday, October 24, 2023 12 Recommendation
Staff recommends that
the City Council adopt a
Resolution authorizing
acceptance of HHAP
funds and amending the
FY 2023-2024 HHAP
Grant Fund budget.

City Council/RSA Agenda 262 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: KRISTOPHER J. KOKOTAYLO, CITYATTORNEY
SUBJECT: ADOPT A RESOLUTION AMENDING CITY COUNCIL GENERAL

MEETING RULES OF PROCEDURE POLICY
The City Council has an existing approved policy entitled “General Meeting Rules of Procedure” (the “Policy”) addressing the orderly conduct of Council business. The City Council previously amended the Policy to address desired changes to the agenda format and agenda items for consideration. Since that time, the City Council has adopted a number of other changes to the Union City Municipal Code (the “UCMC”) that are inconsistent with the Policy. Additionally, the City Attorney’s Office and staff proposed further revisions to the Policy to reflect current practice.

The Legislation and Policy Committee (the “Committee”) had an opportunity to review the Policy for amendments and clarifications. The City Attorney’s Office has prepared an amendment to the Policy based on comments and feedback from the Committee which are now presented for City Councilconsideration for adoption.

STRATEGIC PLAN ALIGNMENT
This item aligns with Goal B. Governance and Organization Effectiveness of the Strategic Plan.

BACKGROUND
The City Councilcurrently conducts City Council meetings pursuant to the Policy, which was originally approved on March 14, 2000. The City Council subsequently amended the Policy to eliminate a second oral communication section on the agenda and make other changes related to the public comment process which were inconsistent with City practice.

Since then, the City Attorney’s Office and staff had an opportunity to evaluate the Policy and how it aligns with current and desired practice for the Council. Some of current provisions of the Policy that were evaluated include the following:
1) The Policy includes provisions related to the presiding officer that are inconsistent with the City Counciladopted ordinance reflecting that the presiding officer is the Mayor, followed by the Vice-Mayor City Council/RSA Agenda 263 Tuesday, October 24, 2023
and then the Mayor Pro Tem. Additionally, this provision does not reflect that the presiding officer is to be a member of the Council participating in person where the quorum of the Council is participating in person.
2) The Policy provides that all written communications are to be submitted to the City Clerk by 3:00 p.m. on the Thursday or Friday (depending on the week) prior to the meeting. 3) The Policy provides for a scheduled oralcommunication period on the agenda which provides for 10 minutes per speaker to give comment.
4) The Policy establishes a time limit of 20 minutes per agenda item (with the exception of public hearings and oralcommunications).
5) The Policy has an outdated definition of actions that can subject an individual to removal from the Council meeting.
6) The Policy contains a practice of allowing individuals speaking in favor of a public hearing item to speak first and then have a rebuttal opportunity after those speaking against a hearing item. The City no longer follows this practice.
7) The Policy allows for Councilmembers to comment for up to 10 minutes after a motion has been made and seconded.
8) The Policy directs the City Clerk to tape record all Council meetings. 9) The committee appointment process outlined in the Policy is inconsistent with state law. 10) The Policy has some inconsistencies related to continuing the City Council meeting beyond 10 p.m.

These provisions in the Policy, as wellas other potential revisions, were presented to the Committee on October 16, 2023 for consideration.

DISCUSSION
Legislation and Policy Committee Review and Proposed Revisions The Committee reviewed the Policy and proposed revisions. As a result of the direction from the Committee, the City Attorney’s Office prepared an amendment to the Policy for consideration. Some of these amendments were to align the Policy with current practices and other Council approved revisions and other amendments were desired revisions to reflect more contemporary practices.

Below is a summary of the significant revisions to the Policy:
1) The Policy will now reflect the City Counciladopted ordinance to reflect that the presiding officer is the Mayor, followed by the Vice-Mayor and then the Mayor Pro Tem and to reflect that the presiding officer is to be a member of the Council participating in person where the quorum of the Council is participating in person.
2) The Policy will now reflect that agendas and written reports must be provided in compliance with the Brown Act.

City Council/RSA Agenda 264 Tuesday, October 24, 2023
3) The Policy will no longer include a scheduled oralcommunication period and this item will be removed from the City Councilagenda. In evaluating this, the Committee felt that this agenda item was unnecessary. Should the Council desire to have a discussion or dialogue on an issue raised by a member of the public, the Councilcould agendize that matter. This would be the appropriate action as an oralcommunication does not allow the Council to have a discussion or dialogue, it only provides for an extended period of time for a member of the public to comment, which can be granted by the Council during the first oralcomment period.
4) The Policy will no longer include a time limit per agenda item. This willalign with current practice as the Counciladjusts the time on the agenda based upon the topic to be considered and the totality of items to be considered at a given meeting.
5) The Policy includes language that is consistent with the Brown Act and constitutional standards for removal of an individual from a Council meeting.
6) The Policy now reflects the City’s practice for public hearings and does not include a provision for individuals speaking in favor to speak first and have a rebuttal period after other individuals have spoken. 7) The Policy now limits public comment to 5 minutes (instead of 10) per Councilmember after a motion has been made and seconded.
8) The Policy no longer directs the City Clerk to tape record all Council meetings, which is inconsistent with current practice.
9) The committee appointment process in the Policy has been updated to reflect state law. 10) The Policy has been updated to remove inconsistencies regarding the point at which the Council would continue a meeting beyond a set time.

These revisions help eliminate ambiguity in the Policy as it exists and will make the Policy consistent with current practice.

FISCAL IMPACT
There is no fiscal impact of adopting an amendment to this policy.

RECOMMENDATION
Staff recommends that the City Councilconsider adopting a resolution amending the City Council General Meeting Rules of Procedure Policy.

Prepared by:

Kristopher J. Kokotaylo, City Attorney
Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:

Description Type
City Council/RSA Agenda 265 Tuesday, October 24, 2023
Resolution Rule of Procedure Resolution
Rule of Procedure Exhibit
Redline - Rules of Procedure Attachment
Presentation Attachment
City Council/RSA Agenda 266 Tuesday, October 24, 2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION

CITY AMENDING THE CITY COUNCIL POLICY REGARDING

GENERAL MEETING RULES OF PROCEDURE
WHEREAS, on March 14, 2000, the City Council adopted the City Council policy regarding general meeting rules of procedure (the “Policy”); and WHEREAS, the City Council has previously amended the Policy in the past; and WHEREAS, the Legislation and Policy Committee (the “Committee”) reviewed and evaluated the Policy at its meeting on October 16, 2023; and WHEREAS, the Committee recommends a number of revisions to the Policy to reflect current and desired practices for the City Council; and WHEREAS, the City Council desires to amend the Policy.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City that the City Council hereby amends the Policy as provided in redline in Exhibit A to this Resolution.

City Council/RSA Agenda 267 Tuesday, October 24, 2023

EXHIBIT A

CITY COUNCIL POLICY
SUBJECT: GENERAL MEETING RULES OF PROCEDURE
PURPOSE:

The policy described herein is designed to provide an orderly conduct of Council business with rules that are understood by all.

POLICY:

1. Amendment
Written amendments to these policies may be adopted by a majority of the Council.

2. Suspension of Policies
These policies may be set aside during the conduct of a meeting by motion approved by a majority vote of the Council.

3. Meetings
The regular and special meetings of the City Council shall be held at the time and place, and called in the manner as specified by resolution adopted pursuant to section

2.04.010 of the Union City Municipal Code.

4. Presiding Officer
The presiding officer of the Council shall be the Mayor, and in their absence the ViceMayor. In the absence of the Mayor and Vice-Mayor, the City Council shall elect a Mayor Pro Tem to preside over the meeting. The Council has usually handled this by the most tenured Councilmember taking the chair. In the event that a quorum of the Council is participating in person, the Presiding Officer shall be a member of the Council that is participating in person. Upon arrival of the Mayor or the Vice-Mayor, the temporary Mayor Pro Tem shall immediately relinquish the Chair upon the conclusion of the matter of business then before the Council.

5. Agenda
All agendas and related reports to be submitted for consideration by the Council at a regular or special meeting shall be provided in compliance with the Brown Act.

Urgent or emergency matters, initiated by staff, and which do not appear on the Council agenda, may be considered by the Council at any regular or special meeting only upon City Council/RSA Agenda 268 Tuesday, October 24, 2023

EXHIBIT A
the recommendation of the City Manager, with the approval of the presiding officer and only after a vote of the City Council pursuant to the Brown Act. Urgent or emergency matters, initiated by a member of the City Council, which do not appear on the Council agenda, may be considered by the Council at any regular or special meeting only after a vote of the City Council pursuant to the Brown Act. If possible, such items shall be submitted in writing to the City Clerk at or before the meeting, and if not, then as soon as possible thereafter.

6. Order of Business
All meetings of the Council shall be open to the public except as provided by law.

At an hour set by resolution on the day of each regular meeting, or as soon thereafter as possible, Councilmembers, City Manager, City Clerk, City Attorney and the Department Directors or others requested to be present, shall be present in the Council Chambers and ready to conduct the business of the Council in the following order, except as may be otherwise ordered by the presiding officer or Council:
a. Pledge of Allegiance
b. Roll Call
c. Unfinished Business
d. Proclamations/Presentations
e. Oral Communications
f. Consent Calendar
g. Public Hearings
h. City Manager Reports
i. Successor Agency to the Redevelopment Agency
j. Authorities/Agencies
k. City Commission/Committee Reports
l. Items Referred by Council
m. Good of the Order
n. Closed Session
o. Adjournment

7. Conduct of Business
City Council/RSA Agenda 269 Tuesday, October 24, 2023

EXHIBIT A
The City Council, by Law, may act only on those items listed on the agenda. Public comment will be accepted on all agenda items for consideration by the City Council. Public comments are appreciated and encouraged. At the beginning of each category, the Mayor will ask the audience of there is anyone who wishes to speak on any item in a particular category. If someone from the public wishes to speak, they must provide a speaker card or otherwise provide an indication that they desire to speak and, after being recognized by the Mayor, identify the item on which they wish to speak.

Requests for comment must be made at the time indicated by the Mayor and will not be subsequently accepted. Comment will be accepted after staff reports have been presented.

8. Public Addressing Council
An individual speaker shall have three minutes to address the Council on non-agenda items under the Oral Communications section of the agenda. The Mayor may, in their discretion, adjust the time limit 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 Oral Communications section are requested to complete a speaker card and provide their name and address. Neither a speaker card or identification of name or address are required to provide public comment but are requested for record keeping purposes.

Any person while addressing the City Council who actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting, may be removed by the Mayor.

Prior to removal, the Mayor shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Mayor or designee may then remove the individual if they do not promptly cease their disruptive behavior.

9. Consent Calendar
Prepared agenda items that have been reviewed by the staff, delivered to the Council for study and are made available to the public, shall be grouped together for action at the beginning of the meeting if they are considered to be noncontroversial and to require only routine action by the Council. Staff recommendations on action to be taken shall be indicated in a concise and summary report form. These matters shall be listed under what is to be known as the “Consent Calendar.” Adoption of the Consent Calendar may be made by one motion. The presiding officer must first advise the audience that the Consent Calendar matters will be adopted by one action of the Council unless any City Council/RSA Agenda 270 Tuesday, October 24, 2023

EXHIBIT A
presiding officer will defer action on the matter(s) and place the item(s) on the next regular agenda unless the item is identified as a priority, at which time it will be placed under the priority segment of the agenda.

10. Hearings
After presentation of the staff report and questions by the City Council, the hearing will be opened for public testimony.

After a public hearing has been closed to general public comment and all interested persons desiring to speak on the matter have been heard, the Council may debate the matter. During such time, no member of the audience may speak on the subject, except upon being asked a question by a member of the Council through the Mayor. During such debate, a member of the Council desiring to speak or to address another member of the Council shall address the Mayor and, upon recognition by the Mayor, may speak or address other member of the Council, but shall be confined to the question under debate.

11. Procedure for Action Items
Action items shall be considered using the following procedure:
a) Announcement of Item
The Mayor or City Clerk announces the agenda item.
b) Staff Report
Staff or the requester of an item makes a presentation as appropriate. c) Council Questions
Councilmembers may ask questions or make statements that clarify the subject of the item.
d) Public Comment
e) Council Discussion; Motion
Councilmembers discuss the item and move to dispose of any item. (1) Councilmembers shall address the Mayor for recognition. (2) The Mayor shall recognize the Councilmember next in turn. (3) Councilmembers may make a motion at any time.
(4) Councilmembers may ask clarifying questions of a member of the public following their comments to the Council; however, Councilmembers shall not join in a debate or discussion with members of the audience.

City Council/RSA Agenda 271 Tuesday, October 24, 2023

EXHIBIT A
f) Motion Contents
The motion shall clearly set out the action to be taken and omit supporting reasons or discussion.
g) Second to Motion
The Mayor must receive a second to the motion before any discussion or comment may be made.
h) Restatement of Motion
The Mayor may restate the motion before any discussion or comment may be made.
i) Comments regarding Motion
Once the motion has been made and seconded, each Councilmember, including the Mayor, may comment on the stated motion. Comments, if any, shall be limited to 5 minutes.
j) End of Discussion; Vote
Following comments, if any, from each Councilmember, a vote shall be taken on the motion and a majority vote of the Council shall be required for passage. k) Abstention
An abstention shall not be counted as a vote.

Any Council member who is disqualified from voting because of a conflict or potential conflict of interest shall inform the Council of the conflict or potential conflict prior to the consideration of the item. A disqualified member shall remove themselves from the Council meeting room prior to consideration of the item.
l) Tie Votes
Any motion receiving a tie vote fails, the status quo prevails as though the motion were not made. A majority of the Council may continue a tie vote item to the next regular or adjourned regular meeting at which it is anticipated that a full Council will be present. Such an item may be similarly continued again by the Mayor if the full Council does not attend.

12. Preparation of Minutes
The minutes of the Council shall be kept by the City Clerk in ledgers provided for that purpose, with a record of each particular type of business with proper subheads; and City Council/RSA Agenda 272 Tuesday, October 24, 2023

EXHIBIT A
written minutes shall become the official records of the City of Union City; provided that the City Clerk shall be required to make a record only of business actually passed upon by a vote of the Council and shall not be required to record any remarks of Councilmembers or of any other person except at the special request of a Councilmember. A record shall be made of the names and addresses of persons addressing the Council, if provided, the title of the subject matter to which their remarks are related and whether they spoke in support of or in opposition to such matter.

13. Ordinances, Resolutions, and Contracts
All ordinances, resolutions and contract documents shall be approved as to form and legality by the City Attorney or authorized representative.

14. Committees of the Council
The Mayor may appoint members to designated committees with approval of a majority of the Council. All actions of such committees shall be reported to the Council.

16. Good of the Order
Councilmembers will be limited to three minutes each.

17. Adjournment of Meeting
1) At approximately 10:00 p.m., the City Manager will confer with the Mayor to decide if any items will be deferred to the next meeting. 2) If the Council continues or defers any item to the next regularly scheduled Council meeting, those deferred or continued items will be addressed at the beginning of the next meeting and will appear on the agenda as “Unfinished Business”.
3) Unfinished Business will immediately follow Roll Call on the Council agenda.

18. Rules of Procedure as Guidance
These rules of procedure are for the guidance of the Mayor to ensure the orderly conduct of business before the City Council.

19. Conflicting Rules
City Council/RSA Agenda 273 Tuesday, October 24, 2023

EXHIBIT A
To the extent that these rules of procedure conflict with any previously adopted, these rules shall prevail.

ADOPTED
Date; Resolution No. XXXX-XX

AMENDED
City Council/RSA Agenda 274 Tuesday, October 24, 2023

EXHIBIT A

CITY COUNCIL POLICY
SUBJECT: GENERAL MEETING RULES OF PROCEDURE
PURPOSE:

The policy described herein is designed to provide an orderly conduct of Council business with rules that are understood by all.

POLICY:

1. Amendment
Written amendments to these policies may be adopted by a majority of the Council. The proposed change must be placed on an agenda and adopted as part of the regular business of the City Council.

2. Suspension of Policies
These policies may be set aside during the conduct of a meeting by motion approved by a majority vote of the members presentCouncil. (UCMC Title 2, Article II, Section

2.04.110)

3. Meetings
The regular and special meetings of the City Council shall be held at the time and place, and called in the manner as specified by ordinance resolution adopted pursuant to section

2.04.010 of the Union City Municipal Code.

4. Presiding Officer
The presiding officer of the Council shall be the Mayor, and in his/hertheir absence the designated Mayor Pro Tempore (who may, for convenience, be called the Vice-Mayor).

In the absence of the Mayor and designated Mayor Pro TemporeVice-Mayor, the City Clerk or one of the remainingCouncil shall elect a Mayor Pro Tem Councilmembers shall call the Council meeting to orderto preside over the meeting. The Council has usually handled this by the most tenured Councilmember taking the chair. In the event that a quorum of the Council is participating in person, the Presiding Officer shall be a member of the Council that is participating in person. Upon arrival of the Mayor or the designated Pro TemporeVice-Mayor, the temporary Mayor Pro Tempore shall immediately relinquish the Chair upon the conclusion of the matter of business then before the Council.

5. Agenda
City Council/RSA Agenda 275 Tuesday, October 24, 2023

EXHIBIT A
All written petitions, communications and mattersagendas and related reports to be submitted for consideration by the Council at a regular or adjourned regularspecial meeting shall be presented to and filed with the City Clerk prior to 3:00 p.m. on Thursday or Friday, depending on the week, preceding the meeting that the item is to be consideredprovided in compliance with the Brown Act.

Urgent or emergency matters, initiated by the administrative staff, and which do not appear on the Council agenda, may be considered by the Council at any regular or adjourned regularspecial meeting only upon the recommendation of the City Manager, with the approval of the presiding officer and only after a vote of the City Council pursuant to the Brown Act. Urgent or emergency matters, initiated by a member of the City Council, which do not appear on the Council agenda, may be considered by the Council at any regular or adjourned regularspecial meeting only after a vote of the City Council pursuant to the Brown Act. If possible, such items shall be submitted in writing to the City Clerk at or before the meeting, and if not, then as soon as possible thereafter.

6. Order of Business
All meetings of the Council shall be open to the public except as provided by law.

At an hour set by ordinance resolution on the day of each regular meeting, or as soon thereafter as possible, Councilmembers, City Manager, City Clerk, City Attorney and the Department Directors or others requested to be present, shall be present in the Council Chambers and ready to conduct the business of the Council in the following order, except as may be otherwise ordered by the presiding officer or Council:
a. Pledge of Allegiance
b. Roll Call
c. Unfinished Business
d. Proclamations/Presentations
e. Oral Communications
f. Consent Calendar
g. Public Hearings
h. City Manager Reports
i. Successor Agency to the Redevelopment Agency
j. Authorities/Agencies
k. City Commission/Committee Reports
l. Scheduled Oral Communications
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City Council/RSA Agenda 276 Tuesday, October 24, 2023
EXHIBIT A m.l. Items Referred by Council
n.m. Good of the Order
o.n. Closed Session
p.o. Adjournment

7. Conduct of Business
The City Council, by Law, may act only on those items listed on the agenda.

Public comment will be accepted on all agenda items for consideration by the City Council. Public comments are appreciated and encouraged. At the beginning of each category, the Mayor will ask the audience of there is anyone who wishes to speak on any item in a particular category. If someone from the pPublic wishes to speak, they must raise their handprovide a speaker card or otherwise provide an indication that they desire to speak and, after being recognized by the Mayor, identify the item on which they wish to speak. Requests for comment must be made at the time indicated by the Mayor and will not be subsequently accepted. Comment will be accepted after staff reports on items of interest have been presented.

After the presentation, City Council may either take comments under advisement or refer the matter to staff for further review. After this is done, the item may be considered at a regularly scheduled City Council meeting.

Time limits for discussion of agenda items have been set to ensure the orderly conduct of City business. These limits are applied to all items listed on the Agenda except those listed under public hearings and oral communications. For all other agenda items, the time limit is 20 minutes per category, with no one speaker receiving more than three minutes.

8. Public Aaddressing Council
An individual speaker shall have three minutes to address the Council on nonagenda items under the Oral Communications section of the agenda. The Mayor may, in his or hertheir discretion, adjustlower 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 Oral Communications section are requested to complete a speaker card and, providegiving their name and city of residenceaddress. If a speaker wants further notification from the City, the speaker may include a mailing address. Neither a speaker card or identification of name or, city of residence or mailing address address are not required to provide public comment but are requested for record keeping purposes.

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City Council/RSA Agenda 277 Tuesday, October 24, 2023

EXHIBIT A
A time limit of ten minutes per person shall be established for an individual to address the City Council under the “Scheduled Oral Communications” portion of the Council agenda by writing in by 5:00 p.m. on the Monday one week preceding the Council meeting. Doing so will relinquish the opportunity to speak at the other Oral Communications during the meeting, limit of one speaker per meeting, first come, first served.

Any person while addressing the City Council who actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meetingmakes personal, profane, impertinent, libelous or slanderous remarks or who becomes boisterous while addressing the Council, may be removed by the Mayor. Prior to removal, the Mayor shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The Mayor or designee may then remove the individual if they do not promptly cease their disruptive behavior. shall be forthwith, by the presiding officer, barred from further audience before the Council unless permission to continue is granted by a majority vote of the Council. This sentence is to be included in the instruction to the audience read by the presiding officer at the opening of each regular or adjourned regular City Council meeting.

9. Consent Calendar
Prepared agenda items that have been reviewed by the staff, delivered to the Council for study and are made available to the public, shall be grouped together for action at the beginning of the meeting if they are considered to be noncontroversial and to require only routine action by the Council. Staff recommendations on action to be taken shall be indicated in a concise and summary report form. These matters shall be listed under what is to be known as the “Consent Calendar.” Adoption of the Consent Calendar may be made by one motion. The presiding officer must first advise the audience that the Consent Calendar matters will be adopted by one action of the Council unless any presiding officer will defer action on the matter(s) and place the item(s) on the next regular agenda unless the item is identified as a priority, at which time it will be placed under the priority segment of the agenda.

10. Hearings
After presentation of the staff report and questions by the City Council, the hearing will be opened for public testimony. The procedures are to hear those speaking in favor first, those in opposition second, followed by those supporting speaking in rebuttal. The rebuttal may only address those items discussed opposition. When recognized by the Mayor, speaker will come forward to the podium and state name, name of group or organization, and address for the record.

After a public hearing has been closed to general public comment or if the matter of consideration is not the subject of a public hearing and all interested persons desiring to City Council/RSA Agenda 278 Tuesday, October 24, 2023

EXHIBIT A
speak on the matter have been heard, the Council may debate the matter. During such time, no member of the audience may speak on the subject, except upon being asked a question by a member of the Council through the presiding officerMayor. During such debate, a member of the Council desiring to speak or to address another member of the Council shall address the Chair Mayor and, upon recognition by the ChairMayor, may speak or address other member of the Council, but shall be confined to the question under debate.

11. Procedure for Action Items
Action items shall be considered using the following procedure:
a) Announcement of Item
The Mayor or City Clerk announces the agenda item.
b) Staff Report
Staff or the requester of an item makes a presentation as appropriate. c) Council Questions
Councilmembers may ask questions or make statements that clarify the subject of the item.
d) Public Comment
e) Council Discussion; Motion
Councilmembers discuss the item and move to dispose of any item. (1) Councilmembers shall address the Mayor for recognition. (2) The Mayor shall recognize the Councilmember next in turn. (3) Councilmembers may make a motion at any time.
(4) Councilmembers may ask clarifying questions of a member of the public following his/hertheir comments to the Council; however, Councilmembers shall not join in a debate or discussion with members of the audience.
f) Motion Contents
The motion shall clearly set out the action to be taken and omit supporting reasons or discussion.
g) Second to Motion
The Mayor must receive a second to the motion before any discussion or comment may be made.

City Council/RSA Agenda 279 Tuesday, October 24, 2023

EXHIBIT A
h) Restatement of Motion
The Mayor must may restate the motion before any discussion or comment may be made.
i) Comments regarding Motion
1) Once the motion has been made and seconded, then restated by the Mayor, each Councilmember, including the Mayor, shall have 10 minutes to make statementsmay comment on the stated motion. Comments, if any, shall be limited to 5 minutes.
2) During this time there shall be no interruptions.
3) This time cannot be delegated to any other Councilmember. 4) After each Councilmember has been given the opportunity to speak for 10 minutes, another five minutes shall be allotted to each Councilmember.

As with the first time period, no interruption will be allowed and time cannot be delegated to another Councilmember.
j) End of Discussion; Vote
Following the expiration of thecomments, if any, from each Councilmember time limits, a vote shall be taken on the motion and a majority vote of the Council shall be required for passage.
k) Abstention
An abstention shall not be counted as a vote.

Any Council member who is disqualified from voting because of a conflict or potential conflict of interest shall inform the Council of the conflict or potential conflict prior to the consideration of the item. A disqualified member shall remove him/herselfthemselves from the Council meeting room prior to consideration of the item.
l) Tie Votes
Any motion receiving a tie vote fails, the status quo prevails as though the motion 0were not made. A majority of the Council may continue a tie vote item to the next regular or adjourned regular meeting at which it is anticipated that a full Council will be present. Such an item may be similarly continued again by the presiding officerMayor if the full Council does not attend.

12. Preparation of Minutes
The minutes of the Council shall be kept by the City Clerk in ledgers provided for that purpose, with a record of each particular type of business with proper subheads; and written minutes shall become the official records of the City of Union City; provided that City Council/RSA Agenda 280 Tuesday, October 24, 2023

EXHIBIT A
the City Clerk shall be required to make a record only of business actually passed upon by a vote of the Council and shall not be required to record any remarks of Councilmembers or of any other person except at the special request of a Councilmember. A record shall be made of the names and addresses of persons addressing the Council, if provided, the title of the subject matter to which their remarks are related and whether they spoke in support of or in opposition to such matter.

The City Clerk is further instructed to secure the necessary equipment for the tape recording of all Council meetings; that said recording shall be in the nature of a stenographic aid to the City Clerk and that the City Clerk shall retain said tapes for the time period set by City Council Resolution 4192-11. The Clerk shall notify the City Council not less than sixty (60) days of any change in the period of retention.

13. Ordinances, Resolutions, and Contracts
All ordinances, resolutions and contract documents shall, before presentation to the Council, have beenbe approved as to form and legality by the City Attorney or authorized representative.

14. Committees of the Council
A quorum of the CouncilThe Mayor may appoint members to designated committees at any time by the affirmative vote of a majority of the Council with approval of a majority of the Council. All actions of such committees shall be reported to the Council.

All special committees shall be appointed by the presiding officer, unless otherwise directed by the Council.

16. Good of the Order
Councilmembers will be limited to three minutes each.

17. Adjournment of Mmeeting
1) At approximately 10:00 p.m., the City Manager will confer with the Mayor to decide if any items will be deferred to the next meeting. 2) Councilmembers may make a motion to continue a meeting past the hour of midnight, if the majority of the Council wishes to do so. 23) If the Council continues or defers any item to the next regularly scheduled Council meeting, those deferred or continued items will be addressed at the beginning of the next meeting and will appear on the agenda as “Unfinished Business”.

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City Council/RSA Agenda 281 Tuesday, October 24, 2023

EXHIBIT A
34) Unfinished Business will immediately follow Roll Call on the Council agenda.

18. Other SituationsRules of Procedure as Guidance
These rules of procedure are for the guidance of the Mayor to ensure the orderly conduct of business before the City Council.In situations not addressed by these rules, The Modern Edition of Robert's Rules of Order may be used for reference and/or guidance.

19. Conflicting Rules
To the extent that these rules of procedure conflict with any previously adopted, these rules shall prevail.

ADOPTED
Date; Resolution No. XXXX-XX

AMENDED
City Council/RSA Agenda 282 Tuesday, October 24, 2023
October 24, 2023 – Item 7.b
Adopt a Resolution Amending the City Council
General Meeting Rules of Procedure Policy
City Council/RSA Agenda 283 Tuesday, October 24, 2023
Background
City Council/RSA Agenda 284 Tuesday, October 24, 2023
3 • March 14, 2000
• City Council originally approved the General Meeting Rules of Procedure Policy (the “Policy”)
• The Policy contains a number of provisions designed to provide for the orderly conduct of Council business
• November 27, 2018
• City Council amended the Policy to eliminate a second oral communications section on the agenda and make other changes to the public comment process Background – Original Policy
City Council/RSA Agenda 285 Tuesday, October 24, 2023
4 • October 16, 2023
• Legislation and Policy Committee (the “Committee”) reviewed the Policy and proposed revisions
• The Committee, after reviewing the proposed revisions and engaging in discussion regarding other changes, provided direction to bring the updated Policy to the City Council for consideration Background – Legislation and Policy Committee Review
City Council/RSA Agenda 286 Tuesday, October 24, 2023
Current Provisions and
Proposed Revisions
City Council/RSA Agenda 287 Tuesday, October 24, 2023
6 Existing Provisions and Proposed Revisions
• Presiding officer provisions reflect presiding officer provisions that are inconsistent with Council-approved ordinance for virtual participation  Proposed revision reflects that presiding officer will be a member participating in person (assuming a quorum is in person) • Written communications are to be submitted to the City Clerk by 3:00 p.m. on the Thursday or Friday (depending on the week) prior to the Council meeting to be considered  Communications must be provided and made public in
compliance with the Brown Act
City Council/RSA Agenda 288 Tuesday, October 24, 2023
7 Existing Provisions and Proposed Revisions
• The Policy provides for a scheduled oral communication period on the agenda which provides for 10 minutes per speaker to give comment  Proposed revision eliminates the scheduled oral communication period
• The Policy establishes a time limit of 20 minutes per agenda item (with the exception of public hearings and oral communications).  Proposed revision eliminates this time limit, which is inconsistent with actual practice
City Council/RSA Agenda 289 Tuesday, October 24, 2023
8 Existing Provisions and Proposed Revisions
• The Policy has an outdated definition of actions that can subject an individual to removal from the Council meeting
 Proposed revision aligns with constitutional law and the Brown Act • The Policy contains an outdated practice related to public hearings and the order that individuals comment as well as a rebuttal option  Proposed revision aligns with existing practice of taking comments together without distinction between those in favor and those against City Council/RSA Agenda 290 Tuesday, October 24, 2023
9 Existing Provisions and Proposed Revisions
• The Policy allows for Councilmembers to comment for up to 10 minutes following a motion
 Proposed revision sets time limit at 5 minutes
• The Policy directs the City Clerk to tape record all Council meetings  Proposed revision removes this requirement to reflect existing practice
City Council/RSA Agenda 291 Tuesday, October 24, 2023
10 Existing Provisions and Proposed Revisions
• The committee appointment process outlined in the Policy is inconsistent with state law
 Proposed revision reflects state law appointment process • The Policy establishes processes and procedures for continuance of meeting after designated timeframe
 Proposed revision removes inconsistent provisions but still maintains a process for the Mayor to confer with City Manager for meetings to continue beyond 10 p.m.

City Council/RSA Agenda 292 Tuesday, October 24, 2023
11 Adopt a Resolution Amending City Council General Meeting Rules of Procedure Policy
Recommendation
City Council/RSA Agenda 293 Tuesday, October 24, 2023
Agenda Item
DATE: 10/24/2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JENNIFER PHAN, DEPUTY CITY MANAGER
SUBJECT: PROVIDE POLICY DIRECTION REGARDING APPOINTMENTS TO THE

NATIONAL LEAGUE OF CITIES AND AMENDMENT TO THE CITY

COUNCIL TRAVEL & TRAINING BUDGET
Staff is seeking City Council policy direction on the following request: (1) whether Councilmembers should be appointed as voting and alternate delegates to the National League of Cities; and (2) whether the City Council’s Travel & Training budget should be amended to increase allocations for those who serve in a leadership capacity for either the National League of Cities and/or the League of California Cities.

City Council may choose to:

1. Direct City staff to bring a resolution reflecting such appointments along with an increase to the City Council’s Travel & Training budget for a specified amount; or

2. Refer this item to the Legislation and Policy Committee for further consideration; or

3. Take no action.

STRATEGIC PLAN ALIGNMENT
This agenda item is not identified in the City Council Strategic Plan nor is it directly correlated to a specific priority or goal.

BACKGROUND
In the past, the City Council’s Travel & Training budget was $10,000 in total based on the travel expenses historically used by the City Council as a whole. On October 25, 2022, the City Council reviewed and discussed a recommendation from the Legislation and Policy Committee to increase its budget to a higher amount. The recommendation was to acknowledge that travel was now more frequent following the COVID19 shutdowns and that the cost of travel had increased. Part of the recommendation at that time was to also have a budget specified for each Councilmember, including the Mayor. This was to ensure that each Councilmember has equal resources available for training and fulfilling of duties as an elected official.

City Council/RSA Agenda 294 Tuesday, October 24, 2023
On November 22, 2022, the City Council adopted Resolution No. 6042-22 amending the Fiscal Year 2022- 2023 General Fund budget by appropriating an additional $20,000 to the City Council’s Travel & Training budget. This brought the total budget allocation for Fiscal Year 2022-2023 to $30,000, distributed as follows:
$10,000 for the Mayor and $5,000 for each City Council Member. For Fiscal Year 2023-2024, the total budget allocation remains the same.

In accordance with the Policy Governing Expenses of the City Council, should a Councilmember or the Mayor find the need for additional funds, they could request that the City Council consider a budget amendment for additional travel or training costs associated with City duties (Attachment 1). An example of this occurred in February 2023, where City Councilapproved a budget amendment to increase Councilmember Jaime Patiño’s allocation by an additional $3,000 so that he may attend the 2023 National League of Cities Congressional City Conference.

At the September 12, 2023 City Council meeting, Councilmember Patiño requested City Council’s consideration of the following: (1) the appointment of voting and alternate delegates to the National League of Cities; and (2) a budget amendment to the City Council’s Travel & Training Budget to reflect an increased allocation for those who serve in a leadership capacity for either the National League of Cities and/or the League of California Cities. This item is agendized for City Council’s discussion.

DISCUSSION
The National League of Cities (NLC) is an organization dedicated to advancing public interest, building democracy and community, and improving quality of life by strengthening the capacity of local governments and advocating for the interests of local communities. Local government officials work together through the National League of Cities and their state municipal leagues to express and advocate for their common interests and views as responsible partners in the federal system of governance.

National League of Cities Appointment (Voting and Alternate Delegates) The NLC City Summit held in November of each year is a consortium of local elected officials, municipal leaders, experts, and industry leaders gathering to share expertise and exchange knowledge with one another.

During this conference, the NLC’s Annual Business Meeting is also held. At the annual meeting, members elect directors and officers, receive reports on activities of the association, and adopt national municipal policies/the NLC’s federaladvocacy agenda for the upcoming year based on policy recommendations.

The NLC’s bylaws stipulate that each member city shall designate one voting delegate and may designate one alternate voting delegate to vote on the City’s behalf. These voting delegates are then entitled to a certain number of votes based upon their city’s population size (i.e., 50,000-99,000 is entitled to 2 votes).

For the City of Union City to participate in the Annual Business Meeting, one voting delegate must be appointed, one alternate delegate may be appointed, and the City’s membership in the NLC must be kept up to date. Union City is currently a member city and paid annual dues in the amount of $6,800 for FiscalYear 2023- 2024.

Amendment to City Council’s Travel & Training Budget
In order to participate in the Annual Business Meeting for the NLC, their bylaws state that voting and alternate delegates must be registered to attend the conference in-person. Similarly, the League of California Cities (LCC) also has a similar policy requirement. Beyond the annual conferences for these two organizations, there may also be other meetings that occur throughout the year requiring in-person attendance of those who hold City Council/RSA Agenda 295 Tuesday, October 24, 2023
leadership positions on a caucus or committee. Currently, should that be the case and a Councilmember has exhausted its portion of the City Council’s Travel & Training budget for the fiscal year, additional funds may be requested on an as-needed basis and the budget amended accordingly.

FISCAL IMPACT
There is no immediate impact associated with consideration of this item. Fiscal impact on the General Fund would be dependent on the direction received by the City Council.

RECOMMENDATION
Staff is seeking City Council policy direction on the following request: (1) whether Councilmembers should be appointed as voting and alternate delegates to the National League of Cities; and (2) whether the City Council’s Travel & Training budget should be amended to increase allocations for those who serve in a leadership capacity for either the National League of Cities and/or the League of California Cities.

City Council may choose to:

1. Direct City staff to bring a resolution reflecting such appointments along with an increase to the City Council’s Travel & Training budget for a specified amount; or

2. Refer this item to the Legislation and Policy Committee for further consideration; or

3. Take no action.

Prepared by:

Jennifer Phan, Deputy City Manager
Submitted by:

Jennifer Phan, Deputy City Manager
ATTACHMENTS:

Description Type
Attachment 1 - Policy Governing Expenses of the City Council Attachment Presentation Attachment
City Council/RSA Agenda 296 Tuesday, October 24, 2023
CITY COUNCIL POLICY: Resolution No. 5579-20
Adopted: March 24, 2020
SUBJECT: Policy Governing Expenses of the City Council
I. PURPOSE
a. City Councilmembers must incur miscellaneous expenses in fulfilling the responsibilities of an elected official. This policy establishes the guidelines and standards regarding miscellaneous expenditures incurred by members of the City Council for all travel, education, training, communications, and all out-of-pocket expenses. b. Out-of-pocket expenses incurred by a Councilmember in the performance of their official duties as a representative of the City are eligible for reimbursement as provided in this policy.

II. AUTHORIZED EXPENSES.
a. City funds, equipment, supplies including letterhead, titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met:

1. Communicating with representatives of regional, state and national government on City adopted policy positions;

2. Attending educational seminars designed to improve officials' skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City's interests; and

4. Attending City events.

All other expenditures require prior approval by the City Council. In addition, expenses for international travel requires prior City Council approval. b. State law prohibits personal use of public resources. Examples of personal expenses that the City will not reimburse include, but are not limited to:

1. The personal portion of any trip;

2. Political or charitable contributions or events;

3. Family expenses, including partner's expenses when accompanying official on agencyrelated business, as well as children- or pet-related expenses; City Council/RSA Agenda 297 Tuesday, October 24, 2023

4. Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events;

5. Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; and

6. Personal losses incurred while on City business.

Expenses for which City Councilmembers receive reimbursement from another agency are not reimbursable under this Policy. Any questions regarding the propriety of a particular type of expense should be resolved by the City Manager before the expense is incurred.

III. BUDGET.
a. The Council shall establish a budget for expenses for the Mayor and Councilmembers through the annual or biennial budget process. These amounts may be adjusted from time to time by the City Council.
b. Councilmembers who incur expenses greater than the maximum permitted by this policy shall be responsible for the excess expenses unless otherwise approved by the City Council.

IV. COST CONTROL.

To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines.
a. Transportation. The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Government and group rates must be used when available.

1. Airfare. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel) and the State of California are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. Receipts are required for payment or reimbursement of airfare.

2. Automobile. Automobile mileage is reimbursed at the Internal Revenue Service rate in effect at the time of travel. The reimbursement rate is designed to compensate the driver for gasoline, insurance, maintenance, and other expenses associated with operating the vehicle. This amount does not include bridge and road tolls, which are also reimbursable.

3. Car Rental. Car rental rates that are equal or less than those available through the State of California's website (http://www.catravelsmart.com/default.htm) shall be considered the most economical and reasonable for purposes of reimbursement under this policy.

Receipts are required for payment or reimbursement of car rental expenses.

City Council/RSA Agenda 298 Tuesday, October 24, 2023

4. Taxis/Shuttles. Taxis, shuttles, or rideshare trips (such as Lyft/Uber) fares may be reimbursed, including a 15 percent gratuity per fare, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time-efficiency.
b. Lodging. Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Receipts are required for payment or reimbursement of lodging expenses.

1. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. If the group rate is not available, see next section.

2. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at http://www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less than government rates are presumed to be reasonable and hence reimbursable for purposes of this policy.

If lodging rates exceed the government rate for the area, actual lodging costs may be reimbursed conditioned upon performance of a good faith effort evidenced by documentation (e.g., internet search or phone calls) that demonstrate an attempt to find median-priced lodging.
c. Meals. Meal expenses and associated gratuities will be reimbursed up to the regular federal M&IE per diem rate established for Oakland, California, in effect at the time the meal expenses are incurred. The regular federal M&IE per diem rate for Oakland at the time of the adoption of this policy allocated by meal is as follows:

1. Breakfast: $16

2. Lunch: $17

3. Dinner: $28

4. Incidental Expenses: $5

5. Total: 66
The City will not pay for alcohol/personal bar expenses or for meal expenses for third parties. d. Airport Parking. Long-term parking must be used for travel exceeding 24 hours. Receipts are required for payment or reimbursement of parking expenses.

V. CASH ADVANCES.
a. From time to time, it may be necessary for an official to request a cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such City Council/RSA Agenda 299 Tuesday, October 24, 2023
request for an advance should be submitted to the City Manager ten (10) days prior to the need for the advance with the following information:

1. The purpose of the expenditure(s);

2. The benefits of such expenditure to the residents of the City;

3. The anticipated amount of the expenditure(s) (for example, hotel rates, meal costs, and transportation expenses); and

5. The dates of the expenditure(s).
b. Any unused advance must be returned to the City within seven (7) days of the official's return, along with a City expense report and receipts documenting how the advance was used in compliance with this expense policy.
c. In the event the City Manager is uncertain as to whether a request complies with this policy, such individual must seek resolution from the City Council.

VI. EXPENSE REPORT CONTENT AND SUBMISSION DEADLINE.

All cash advance expenditures expense reimbursement requests must be submitted on an expense report form provided by the City. Councilmembers must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Inability to provide such documentation in a timely fashion may result in the expense being borne by the official. Expenses for which no receipt is provided shall not be eligible for reimbursement. At the request of the City Manager, a Councilmember shall submit additional information explaining how the incurred expense complied with this policy.

VII. ELECTRONIC EQUIPMENT
a. Computers. Councilmembers are required to have certain types of office equipment to discharge their functions and communicate with staff. Accordingly, Councilmembers will be provided with a laptop, tablet, or similar device to assist with carrying out their duties.

Councilmembers will also be provided with reasonable IT support to ensure the security and functionality of the device.
b. Cell Phone. As a representative of the City, the Mayor communicates frequently with constituents, community groups and other regional leaders. To facilitate this communication on behalf of the City, the Mayor shall be provided a cellular telephone. c. Requirements. The City’s IT Manager will be responsible for selecting the equipment to be provided to Councilmembers pursuant to this section. Any electronic equipment provided to a Councilmember shall be used exclusively for City business reasonable necessary to discharge the duties of office and shall be immediately returned to the City upon the Councilmembers leaving office
VIII. AUDITS OF EXPENSE REPORTS.

All expenses are subject to verification that they comply with this policy.

City Council/RSA Agenda 300 Tuesday, October 24, 2023
IX. REPORTS TO CITY COUNCIL.

At the following City Council meeting, each official shall briefly report orally or in writing on meetings attended at Council expense. If multiple officials attended, a joint report may be made.

X. COMPLIANCE WITH LAWS.

City Councilmembers should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act.

XI. VIOLATION OF THIS POLICY.

Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (a) loss of reimbursement privileges; (b) a demand for restitution to the City; (c) the City's reporting the expenses as income to the elected official to state and federal tax authorities; (d) civil penalties of up to $1,000 per day and three times the value of the resources used; and (e) prosecution for misuse of public resources.

City Council/RSA Agenda 301 Tuesday, October 24, 2023
Item 7.c.: National League of Cities
Appointments and Travel & Training Budget
October 24, 2023 City Council Regular Meeting
City Council/RSA Agenda 302 Tuesday, October 24, 2023
2 Background
• City Council’s Travel & Training Budget: $30,000 total ($10,000 for the Mayor and $5,000 for each Councilmember) • Should a Councilmember or the Mayor find the need for additional funds, they could request a budget amendment for additional travel or training costs associated with City duties
OCT 2022 NOV 2022
Legislation &
Policy Committee
Recommendation
Amended Travel
& Training Budget
Councilmember
Request for
Budget
Amendment
Request for NLC
Appointment &
Budget
Amendment
Policy Direction
FEB 2023 SEPT 2023 OCT 2023
Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget City Council/RSA Agenda 303 Tuesday, October 24, 2023
3 Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget Requested Discussion Items
Appointment of Voting and
Alternate Delegates to the
National League of Cities
Amendment to Travel &
Training Budget for Those
Who Serve a “Leadership
Role” in NLC or LCC
City Council/RSA Agenda 304 Tuesday, October 24, 2023
4 Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget National League of Cities (NLC)
• Organization dedicated to advancing public interest, advocating for common interests of local governments nationwide on the federal level
• Holds an Annual Business Meeting in Fall
▪ Election of Directors and Officers
▪ Reports on Association Activities
▪ Adopts Municipal Policies/Federal Advocacy Agenda
• City of Union City currently pays annual membership dues • Bylaws require in-person attendance of voting delegate(s) City Council/RSA Agenda 305 Tuesday, October 24, 2023
5 Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget Travel & Training Budgets – Comparison Chart

CITY POPULATION SIZE
(2022) NO. OF COUNCILMEMBERS TOTAL BUDGET (IN BOLD)
Alameda 76,040 5 $94,485*
Emeryville 12,913 5 $11,090
Hayward 156,754 7 $20,000**
Councilmembers - $2,500/each
Mayor - $5,000
Livermore 84,701 5 $15,500
Newark 47,312 5 $14,000
Pleasanton 76,689 5 $10,800
Councilmembers - $1,300/each
Mayor - $5,600
San Leandro 86,762 7 $75,000
Councilmembers - $10,000/each
Mayor - $15,000
Union City 67,039 5 $30,000
Councilmembers - $5,000/each
Mayor - $10,000
*Applies to City Council, Community Improvement Commission, Housing Authority Board of Commissioners, and Alameda Reuse and Redevelopment Authority
** Under consideration at 10/24/23 City Council Meeting City Council/RSA Agenda 306 Tuesday, October 24, 2023
6 Recommendation
Staff is seeking City Council policy direction on the following request:

1. Whether Councilmembers should be appointed as voting and alternate delegates to the National League of Cities; and

2. Whether the City Council’s Travel & Training budget should be amended to increase allocations for those who serve in a leadership capacity for either the National League of Cities and/or the League of California Cities.

Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget City Council/RSA Agenda 307 Tuesday, October 24, 2023
7 Direct City Staff to Bring
Resolution Reflecting
Appointments & Budget
Increase for Specified Amount
Refer to Legislation and
Policy Committee for
Further Analysis
Take No Action;
Policy Remains As-Is
Options for Consideration
City Council may choose to:

Item 7.c.:

Appointments to National League of Cities and Amendment to Travel & Training Budget City Council/RSA Agenda 308 Tuesday, October 24, 2023

Union City City CouncilOctober 24, 2023

Union City City Council
October 24, 2023